not easy to buy two without being married. With or without a Civil Solidarity Pact, the law protects much less each partner in case of marriage.
PACS AND UNION FREE
340,000 Pacs (mainland + Dom-Tom) were signed between 15 November 1999 and 1 August 2005, according to the Department of Justice. A success that will crescendo: + 49.3% in 2005 compared to 2004. Do
wait 3 years for state taxes jointly convinced many couples. PACS persons, adds thousands of couples living Common-law and are beyond any census. Remain
that all these couples "civil unions" or not, may want to buy a home. This often involves taking out a loan. But neither party is prejudiced in case of separation, it is better to take precautions. Because under the law, foreigners remain unmarried ...
The INDIVISION
Definition: The legal ownership is mounting the most classic. Each partner purchases, up to his actual outlay, part of the Housing (30/70, 40/60, 50/50, etc.).. The distribution is then written into the deed. Where appropriate the property is deemed to belong to each half.
Operation of undivided : Simple to implement, undivided is not always easy to live. Decisions unanimously carried, which is not obvious also as stipulated in the Civil Code (Article 815) "no person shall be compelled to remain in joint ownership and sharing is always be caused. "
Ending undivided : Joint ownership can be terminated either because cohabitants may not understand, either because of death.
If cohabitants do agree, the partition may be the only way and it often results in the sale of housing. Be amicable, in which case the proceeds of the sale is allocated based on each partner's investment (Group share), or, in case of disagreement, the judge of the High Court to decide.
If one of the couple died when he was Heir, undivided leaves little latitude for the survivor. Indeed it is the children or families who inherit the deceased's share. Unmarried partners can always get around the obstacle was coming into legatees by will. In the limit, however, by reserving linked to the heirs.
Addressing the potential difficulties: the ownership agreement. To overcome these difficulties, it is advisable to provide at time of undivided signed a notarized agreement, called ownership agreement. In addition to greater flexibility of operation, its interest is also the possibility to foresee the acquisition of share of deceased partner. Is it still the survivor has the means.
Addressing the potential difficulties: the dismemberment of the property. We may also acquire property in bare usufruct and Crusaders. Each unmarried acquires example the equivalent of 50% of the bare ownership and 50% of the usufruct, such that at the death of one, the other has the usufruct total and no Children can act to put out the survivor. They inherit upon the death of the second partner.
THE SCI
Creating a company : In a real estate company (SCI), this is not the cohabitants who buy the property directly but the company, the co-purchasers holding shares in proportion to their investment.
Operation and dissolution : any provision in the statutes. The articles of SCI, drafted with the assistance of a notary, may provide for the appointment of a manager as domestic partners, the other successor in the event of death, and the conditions of dissolution (dissolution at the unanimously, the death of the first partner ...).
It is thus possible to provide that in case of separation, one who wants to can keep the property. Similarly in case of death, the heirs can not alone decide the dissolution of society and, consequently, the sale of the property. In fact, everything can be registered in the contract. It is important to surround himself with the advice of a lawyer.
the tontine
"The clause of increase" definition. rigidity of undivided may lead to the solution of the pact also called tontine "clause of growth." It's insert this clause in the contract to acquire property in common to allow cohabiting without heirs may object, to maintain the dwelling. In case of death, what remains is deemed to have owned the property since its acquisition.
Disadvantages: In case of separation, breaking the pact is only possible if agreed by both partners, which can sometimes be tricky. Other disability, rights of succession. Indeed, for not paying it is necessary that the property is the principal residence of the couple and does not exceed a value of 76 000. If these two conditions are not met, the inheritance tax will be 60% after a modest allowance of 7600 euros.
(sources Paruvendu.fr) PACS AND UNION FREE
340,000 Pacs (mainland + Dom-Tom) were signed between 15 November 1999 and 1 August 2005, according to the Department of Justice. A success that will crescendo: + 49.3% in 2005 compared to 2004. Do
wait 3 years for state taxes jointly convinced many couples. PACS persons, adds thousands of couples living Common-law and are beyond any census. Remain
that all these couples "civil unions" or not, may want to buy a home. This often involves taking out a loan. But neither party is prejudiced in case of separation, it is better to take precautions. Because under the law, foreigners remain unmarried ...
The INDIVISION
Operation of undivided : Simple to implement, undivided is not always easy to live. Decisions unanimously carried, which is not obvious also as stipulated in the Civil Code (Article 815) "no person shall be compelled to remain in joint ownership and sharing is always be caused. "
Ending undivided : Joint ownership can be terminated either because cohabitants may not understand, either because of death.
If cohabitants do agree, the partition may be the only way and it often results in the sale of housing. Be amicable, in which case the proceeds of the sale is allocated based on each partner's investment (Group share), or, in case of disagreement, the judge of the High Court to decide.
If one of the couple died when he was Heir, undivided leaves little latitude for the survivor. Indeed it is the children or families who inherit the deceased's share. Unmarried partners can always get around the obstacle was coming into legatees by will. In the limit, however, by reserving linked to the heirs.
Addressing the potential difficulties: the ownership agreement. To overcome these difficulties, it is advisable to provide at time of undivided signed a notarized agreement, called ownership agreement. In addition to greater flexibility of operation, its interest is also the possibility to foresee the acquisition of share of deceased partner. Is it still the survivor has the means.
Addressing the potential difficulties: the dismemberment of the property. We may also acquire property in bare usufruct and Crusaders. Each unmarried acquires example the equivalent of 50% of the bare ownership and 50% of the usufruct, such that at the death of one, the other has the usufruct total and no Children can act to put out the survivor. They inherit upon the death of the second partner.
THE SCI
Creating a company : In a real estate company (SCI), this is not the cohabitants who buy the property directly but the company, the co-purchasers holding shares in proportion to their investment.
Operation and dissolution : any provision in the statutes. The articles of SCI, drafted with the assistance of a notary, may provide for the appointment of a manager as domestic partners, the other successor in the event of death, and the conditions of dissolution (dissolution at the unanimously, the death of the first partner ...).
It is thus possible to provide that in case of separation, one who wants to can keep the property. Similarly in case of death, the heirs can not alone decide the dissolution of society and, consequently, the sale of the property. In fact, everything can be registered in the contract. It is important to surround himself with the advice of a lawyer.
the tontine
"The clause of increase" definition. rigidity of undivided may lead to the solution of the pact also called tontine "clause of growth." It's insert this clause in the contract to acquire property in common to allow cohabiting without heirs may object, to maintain the dwelling. In case of death, what remains is deemed to have owned the property since its acquisition.
Disadvantages: In case of separation, breaking the pact is only possible if agreed by both partners, which can sometimes be tricky. Other disability, rights of succession. Indeed, for not paying it is necessary that the property is the principal residence of the couple and does not exceed a value of 76 000. If these two conditions are not met, the inheritance tax will be 60% after a modest allowance of 7600 euros.
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