Jump to content
Complete France Forum

Ownership Transfer


WhyLose

Recommended Posts

I would like to transfer ownership of a house I own in France to joint ownership by my daughter and son. I am 45 and they are nine years and nine weeks old respectively and my daughter lives in England and my son lives in Malta being born to different mothers! The house does not have a mortgage.

I have never been married. I'm not sure it matters but I am English living in Malta and my French home is noted by the French authorities as a second home. I pay tax in Malta. I have owned it for 4 years. Can I simply transfer ownership through a notaire? If so, I would like to use a different notaire to the one I used for purchase because my French is limited. Any suggestions, please?

Thanks in anticipatuion.

Link to comment
Share on other sites

I helped a friend to find out about this sort of thing a few years back, when she wanted to hand a property to her grown-up sons.  It does indeed involve a notaire, and you will have the usual conveyancing charges, based on the value of the property being transferred.

I am not sure of the situation with children as young as you mention.  There may have to be some sort of "guardianship" in place until they come of age, but a notaire will tell you.

Angela

Link to comment
Share on other sites

AFAIAA, you must be 18 to own property in France.

Also, (and even if you give it away), you will be liable to CGT (based on the market value - what you paid for it). As others have said, you will be liable for taxes and fees (perhaps 10%) of a value that he Notaire assigns to the property.

You can use any Notaire you wish.

The obvious question is why do you want to transfer ownership? If you are worried about their inheritance, they will get it anyway - nothing much will change that. If you are trying to avoid creditors (apologies if I am overstepping the mark, but I know of others in this situation), then it won't work anyway. (Although there are other means of protecting property from creditors).

Link to comment
Share on other sites

Thanks Nick and Loiseau. I'm not trying to avoid creditors but thanks anyway Nick. I guess a trust will have to be the answer then. The issue I have to deal with is different mothers in different countries neither of whom live in France fortunately but they don't get on with each other. I just need to sort something which will not cause  a rift between my children and with your answers I now know the way forward. Thanks so much for your help.

Link to comment
Share on other sites

If the house is exclusively yours and neither of your ex's (if they are!) have a claim to it, then I would leave as-is. Under French law your children (all of your children at the time of your demise) would inherit equally, unless you have specifically done something to avoid this (which, if you don't have a current spouse would be difficult).

I don't want to assume too much...!!

 

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...