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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1353
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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If I jointly own a property in france with my mothers widow

Resolved Question:

If I jointly own a property in france with my mother's widow and it has been decided by everyone that the property should be sold, it's currently not being lived in as neither of us live in france. Can I visit france and have access to the property? My mum's widow (who used to live there with my mum) says I can't.
Submitted: 1 year ago.
Category: French Law
Expert:  T Perrin C replied 1 year ago.
Yes to can have access to the property in the same circumstances a landlord with a tenant would (with due notice, at convenient hours, for assessment purposes). Only the usufructor (your mother's widower) can decide whether to sell and when.
Customer: replied 1 year ago.

Do you know what law states this? The widow is refusing access so it would be useful to be able to quote some law to him to prove my rights. thanks so much

Expert:  T Perrin C replied 1 year ago.
I am sorry there is not one specific law but the whole Code Civil parts dealing with property and usufruct and case law additions- 100's of pages. You are a nu-propriétaire, which does not give you the right to dispose of the property as you wish. You just have the right (and duty) to make sure major repairs are done (and paid by yourself, beware...) and, for this purpose must have regular access to the property at times agreed this the beneficiary of the usufruct, the widower. If he refuses, you cannot force entry and you will to instruct a lawyer and obtain a court order.
Customer: replied 1 year ago.

Really useful thank you. just to confirm, have the right to stay in the property - just to access to keep it in a good condition? want to enter to get it ready for sale, am allowed to do this, if ask in advance and at a reasonable time?

Expert:  T Perrin C replied 1 year ago.
You only have the right to access to assess the state of the property and make provisions for major repairs. Tidying up for sale is the usufructor's concern, not yours as only the usufructor can sell, not you, even if you are entitled to part of the proceeds (this part grows when the usufructor gets older). To gain access you need to give warning reasonably in advance and do it at a time convenient to the usufructor. You cannot stay in the property unless expressly invited to do so by the usufructor.
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1353
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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