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Thegonnec
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience:  11 years experience as judge at Paris Industrial Tribunal
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My husband and I are divorcing. We have a jointly owned

Resolved Question:

My husband and I are divorcing. We have a jointly owned second home in France where my husband now lives, and I wish to give my half of the property to my husband as I have a home in the u.k.  How do I go about this and how much would it cost please?

Submitted: 2 years ago.
Category: French Law
Expert:  Nicola-mod replied 2 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 2 years ago.

Yes, I'm happy to wait a little longer, thank you.

S.. Barrett

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Thegonnec replied 2 years ago.
If the donation is part of the divorce decree sharing matrimonial assets, a 2,5% "sharing" tax will be due of all of the couple's French based assets on addition to the cost of modifying deeds of ownership (about 4% of the value of the property value).
If the donation is made after the divorce decree had been granted, one will have to pay a 60% gift tax based on the value of your share of the property + 4% of the total value of the property to modify the deeds.
Customer: replied 2 years ago.

Thank you for your reply. I am not clear about the first part of your answer, is it 2.5% plus 4%, or 4% in total please. It would be as part of the sharing of assets.

Also, the 60% gift tax, is this a tax on 60%, or does the tax amount to 60% of the property value, plus 4%.

Thank you very much,

S. Barrett

Expert:  Thegonnec replied 2 years ago.
Hello.
In the first instance, it would be a 2,5% on all French based assets shared. Plus 4% on the value of the real estate.
In the case of a donation after the divorce, the tax would amount to 60% of the value of the gift (your share of the property) plus 4% of the total value of the property.
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience: 11 years experience as judge at Paris Industrial Tribunal
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