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Property ownership and inheritance in France: Indivisión, Tontine and SCI.

Property ownership and inheritance in France: Indivisión, Tontine and SCI.

leave all assets exclusively to your spouse or another person of your choice.

Of course, if you don't want this to happen, you can choose to own real estate 'En Tontine' or as a 'Société Civile Immobilière (SCI)'. In addition, under the provisions of European Regulation 650/2012, non-residents of France can choose to apply the law of their state to the inheritance of their property in France.

With this choice, however, you cannot exclude French tax law, so it is not as simple an option as it may seem.

Because of all this, it is highly recommended that you consult a specialist in real estate and inheritance law before buying a property in France.

There are three ways of sharing'. 'real estate property in France:

  • "En Indivision" is the most common way of joint ownership in France. In this, several people can own real estate with a certain share in the property. For example, a married couple may own a property 50%-50%, or a couple contributing different amounts when buying a property may split it 60%-40%.
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This will also affect the percentage of property that will go to each spouse's children, including children from previous marriages.
  • "En Tontine" is a very specific way of owning French real estate. Under this type of joint ownership, the entire estate passes to the surviving spouse upon the death of one of the spouses.
  • 'Société Civile Immobilière'. '(SCI)" - French real estate company, which is a form of real estate ownership in France. However, it is not a suitable option for those who plan to live in this property as a primary residence.
  • As you can see, choosing how to co-own a property in France can be complicated. It is therefore advisable to consult with legal professionals before purchasing a property in France to fully understand the implications of your choice.

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