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TKenney, Ph.D.
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 818
Experience:  Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
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Am I allowed to sign my house in France over to my one daughter

Resolved Question:

Am I allowed to sign my house in France over to my one daughter even though I have other children. I understand that I would be able to stay in the house until I die but if the house was to be sold before I die who would keep the money
Submitted: 11 months ago.
Category: French Law
Expert:  Fran-mod replied 11 months ago.
I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Cars, Finance, Law, to Home Improvement, and more.
Customer: replied 11 months ago.

I am pleased t continue waiting. I believe there is a way to sign ones house over to ones child and then be able to stay in it until death. I just wondered especially if I decided to move would I get the money from it in order to find somewhere else to live. Also would it be legal under French law to do this for one child thereby cutting any others from inheriting

Expert:  Fran-mod replied 11 months ago.

Thank you. We will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.
Expert:  TKenney, Ph.D. replied 11 months ago.
Hello, In French law you can make a gift to your children and only to one child if you have others. For example, you can sign your house over to your one daughter while alive. even though you have other children However, in French law it is forbidden to disinherit one's children. So, what can happen is that the other children may/can challenge the gift in court after your death as having been a way of disinheriting them and obtain a court order to receive a percentage of th house. While alive, your risk is that your daughter who receives the house can sell it at any moment and she will collect the money (as the owner) and you could find yourself homeless.
Customer: replied 11 months ago.

I was told that I would be able to stay in the house until I died by the notaire. My daughter would be responsible for the council tax bills and I would be responsible for the maintenance and repairs. Is this not the case or is there another way of signing over the house. The notaire also told me the house would return to me should my daughter predecease me.

Expert:  TKenney, Ph.D. replied 11 months ago.
Hello, the answer I gave you was the general position under French law and not French contract law because you did not mention that you had contacted a Notaire. I was going to end my answer stating "unless otherwise provided in a contract." But I did not because it was not an answer to your question. I only answered your question. In your new question you mention what a notaire told you that you what you could put in the contract (it is not clear to me if the contract was signed or if it is a draft). You can provide many obligations in your contract with your daughter. What ever your notaire told you is what will be in your contract with your daughter.

Please understand that it is against the JustAnswer policy to advise customers on this website. While I am indeed a French lawyer in Paris, on this website, I am just a French law expert answering questions on French law and on my free time. I did not advise you, I just answered your question in accordance to what you can do under French law.


In order for me (or any lawyer, solicitor, or barrister) to counsel someone and tell them what they should do, I would need to see him/her (in person or on the phone), see all his/her documents, see all his/her evidence, get all the facts, understand the whole situation, ask a lot of questions, and establish a formal attorney client relation. In fact, the Just Answer disclaimer clearly states the following: "Posts are for general information, and are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), and do not establish a professional-client relationship." No attorney client relationship has been formed.



I am glad I was able to answer your question. Please don’t forget to provide a positive rating so I can get credit for the service I provided to you. If the answer was particularly helpful a BONUS is always appreciated too! Best regards
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 818
Experience: Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
TKenney, Ph.D. and other French Law Specialists are ready to help you
Customer: replied 11 months ago.

I am sorry that I did not give the full story. I did speak to the notaire but my French is limited and my husband had just died so I was not fully aware of what the implications were. I am in the UK at the moment as my mother who is 93 has been taken into a care home. I am 68 this year and if I were to sign over the house and it became too big for me I would like to be free to sell it and purchase a smaller home. I thought the procedure the notaire was talking about was standard and had a name but I cannot remember what it was called. I will have to wait until I get back to France and take a translator with me to ask the notaire

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