# Property Purchase in France



## djpeters

We are planning to purchase retirement property in Provence, and I am looking for insight into the best option for names to be included on the title deed. My spouse is a French citizen, and I am a U.S. citizen - we have lived in the U.S. since we were married in France in 1996 and have one daughter. Our plan is to live less than six months per year in France and the remainder in the U.S.

Considering French inheritance laws, should we include only my spouse's name on the title deed and depend on the French inheritance law for transfer of the property to our daughter upon my spouse's passing? If I precede her, nothing changes. If she precedes me, the property will pass to our daughter as we intend.

Should we consider something other than including only my spouse's name on the title deed?


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## Bevdeforges

Under French inheritance laws, the property passes according to what your marital regime is, not what names are on the deed to the property. Unless you made a contract prior to your marriage, you're probably covered under the default regime, which means is a sort of community property thing. As I understand it, if the property is purchased with "community funds" during the marriage then it is presumed to be community property and the spouses each own an indivisible half interest in the property.

There could be complications if you have any children from prior relationships. But the inheritance laws have changed a bit in recent years to allow the surviving spouse to keep a family home. There may also be something you can do by buying the house as an SCI, though I'm not super familiar with how all that works. Your best bet might be to talk to a notaire about the inheritance status of a "second home" in France while you are resident in the US, because potentially that would be the only asset of yours that would be subject to French inheritance laws (i.e. because it is real property located in France). 

You may want to start here to see what information is available (and it's in English): Notaries of France and if nothing else, they can help you locate an English speaking notaire in the area where you are purchasing the house.


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## djpeters

Thanks, Bev.

And thanks for all you do for the forum.


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