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Q&A: Joint property ownership in France

Thursday, 31 March 2011 10:18 AM

Q: “I wish to live in France with my wife and will buy a house in our joint names. We have no children but in my will I have left all property to my nephew. If I die before my wife, can she live in the house for her lifetime?”
Chris, Aberystwyth

A: "If you and your wife buy a house in joint names, i.e. both names are on the title, your wife will have a right of occupation together with the person you name as your beneficiary (in this case, your nephew).

"Her right will derive from her position as joint owner and your nephew will have a right of occupation under your will. However, your wife also has inalienable rights over part of your French estate (represented by the half share in the proposed house) and one solution would be for you to make a French will granting a “gradual” legacy of your share to your wife with that share passing to your nephew on your wife’s death.

"Using this structure, no French (or English) inheritance tax would be payable on your (the first) death. Other solutions are more complex and it should also be appreciated that value passing to your nephew attracts high levels of French inheritance tax (55 or 60 per cent)."

Keith Baker

Answered by Keith Baker, a bi-lingual, French-English property lawyer (English solicitor and notary public), who has 30 years' experience in cross-border inheritance and conveyancing. Keith is vice-chair of the International Committee of the National Association of Estate Agents and a past chair of the private client committee of the International Bar Association.

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