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Thegonnec
Thegonnec, Judge
Category: French Law
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Experience:  11 years experience as judge at Paris Industrial Tribunal
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I bought my French home in 2008 as a divorcee and understood

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I bought my French home in 2008 as a divorcee and understood that on my death this would be jointly inherited by my two sons from my previous marriage. In 2010 I re-married, an English man. I have an English will which covers all my assets in England but have been told I need to make a French will to confirm that on my death I still want my two sons to be the only beneficiaries of my French property. My present husband has assets in England and should I die before him has no interest in living in France. I am 67 years old and English. What advice do I need?
Submitted: 3 years ago.
Category: French Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

Hello Nicola


Yes, I am happy to wait for your answer. I really want to get this sorted soon though as I am aware that there will be changes in French Law next year, 2015 and I believe I possibly need to act before then? By the way, my house in France is defined as a maison secondaire as my main residence is here in UK.


Regards


Margaret

Expert:  Nicola-mod replied 3 years ago.
Hello Margaret,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Thegonnec replied 3 years ago.
No matter what you put in a French will, if this house is your matrimonial home at the time you die, your present husband would be entitled to become the usufructor of this house (meaning that he could use it as he wishes until his death) which would belong to your sons. Likewise, should you be a French resident when you die, and French law apply to your estate, your present husband could claim 25% of your estate in full ownership or the usufruct of your entire estate.
Customer: replied 3 years ago.

If my matrimonial home is in England when I die and this home is our secondary residence do the same legal bindings apply? Will the ownership home still go to my two sons after my husbands death if he should die after me?

Expert:  Thegonnec replied 3 years ago.
In tis case your husband would have to choose between 25% of the house in full ownership or usufruct on the whole. If he chooses 25%, the remaining 75% go to your sons who will become co-owners. If he chooses usufruct he can use the house as he wishes till he dies, your sons being the owners and the use of the place reverting to them upon his death. If he decides to sell, which he can do, your sons would get the share defined by law for nus-propriétaires and the husband the share defined for usufructors. this share varies with the age of the usufruct or. (for ex. if the husband, who has chosen to have usufruct on the entire house sells it when he is 65, he gets 40% of the proceedings, the remaining 60% going to your sons; if he sells when he is 70, he only gets 30%...)
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience: 11 years experience as judge at Paris Industrial Tribunal
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