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Tontine clause


Guest CFrost

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Guest CFrost

Hi everyone, I know this has been asked to death 'cos each time I read a note I think I must act on it! Well the time has come for us to act and guess what? can't find the info! I know about the tontine clause, but I have heard mention another type of clause (pardon my ignorance, but the corrcet terms elude me just now!)  We are a married couple, no previous marriages or children, I understand there is another type of inheritance thingy we can do to ensure if hubby pops off, then wifey gets the house (one has to lookout for oneself).  I have tried to search under marriage etc, but can't find what I am looking for. I know this is a garbled message and the correct terminology will probably come to me in the middle of the night, but I want to try and get the notaire instructed before we sign for the house in a couple of weeks.  Thanks very much in advance for your help and kind advice  

Kimberley

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[quote]Hi everyone, I know this has been asked to death 'cos each time I read a note I think I must act on it! Well the time has come for us to act and guess what? can't find the info! I know about the tonti...[/quote]

Hi Kimberley!

the Tontine clause is more suited to couples who are not married. Probably what you are looking for is 'le contrat entre deus epoux', we have taken this out as the survivng spouse does not pay any tax on the demise of the other one and the house is theirs to do whatever with -even sell up - but when the remaing one goes then the tax on the house sale if that happens is hefty for the beneficiaries who will by French law be the children or nearest relative if there is no issue.

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[quote]Hi Kimberley! the Tontine clause is more suited to couples who are not married. Probably what you are looking for is 'le contrat entre deus epoux', we have taken this out as the survivng spouse does ...[/quote]

The Tontine clause is most DEFINITELY NOT for unmarried couples. The remaining partner will be left with a 60% inheritance bill, forcing sale of the property usually. This has happened twice in the last 18 months to two acquaintances.

The " communauté universelle " is the marriage contract you refer to.

 

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Guest CFrost

Thanks everyone for your advice, I have set the ball rolling for the Communaute Universelle.

thanks again

 

Kimberley

 

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