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My parents (born nov 1933 and june 1937) are in the process…

Hello, my parents (born...

Hello, my parents (born nov 1933 and june 1937) are in the process of selling their house, my sister and I have joint interest in the house, whilst our parents have the usufruit. Can you please confirm the percentage my parents will get as a result of the sale, is it 30% or 20% as our mother has just had her 80th birthday and is in the 81st year of live. Thank you.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

My parents live in France, Pyrenee Atlantique (64), I live in France (40) and my sister in uk.

Lawyer's Assistant: Has anything been filed or reported?

Before they sold their house in (79) the land and property was divided.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My parents are the aquereurs pour l'usufruit and my sister and I are the aquereurs pour le moitie en nue-propriete.

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9/20/2017
PaulmoJD
PaulmoJD, Attorney
Category: French Law
Satisfied Customers: 126,941
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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The value of the usufruct, in any situation where you must consider the value of your parents' ownership, would be based on their age. The value of a usufruct for someone 81-90 years old is 20%. She is not 81 yet, she turned 80, so she is in her 80th year and the value of her usufruct is 30% still.

See: https://www.notaires.fr/en/usufruct

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Customer reply replied 11 months ago
When the donation was done (in June 2002) the property (in another part of France) was equally split between us three children, my brother had properties plus a large cash sum plus an ex-gratia payment which was not taken into account before the split of 15,244 euros, my sister and I have the nue-propriete - each of us having an equal 1/3 share - giving us 123 959, 21 euros (one hundred and ten three thousand ++). At the time of the donation my parents also had 2/10ths of usufruit equating to 60,979 euros. My parents house is currently on the market for around 250,000k and if they sell - they will be entitled to 30% even though in the end it is an unequal inheritance between us and our brother - can this be right? By the way my parents are going to live with my sister in UK - rent free.
Customer reply replied 11 months ago
I would prefer not to talk at the moment, would appreciate a written answer to show to my family. If anything needs clarification please ask.

Thank you for your reply.

The naked owners should be dividing the property, not the usufrutuaries. If the usufructaries still have actual ownership interest in the house, they would have right to that share. But if they are only usufructuaries, they are not entitled to their share in cash from the sale, the naked owners are entitled to divide the property in their equal shares.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 11 months ago
What words do I need to look for in the documentation from the notaire? In French?

Thank you for your reply.

You are going to need to look for the notation about naked owners, Propriété née, which is where it lists the naked owners. If the parents are not listed there, they are merely usufructuaries and they do not share in the proceeds from the sale.

PaulmoJD
PaulmoJD, Attorney
Category: French Law
Satisfied Customers: 126,941
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer reply replied 11 months ago
When they purchased their most recent house in 2004, the house was sold to
1et - my parents - acquereurs pour l'usufruit
2et - my sister - acquereur pour la moitie en nue-propriete
3et - me - acquéreur pour la moitié en nue-propriété
does this make any sense regarding our situation?

Thank you for your reply.

So, you and your sister are equal owners of the naked property ownership. Your parents only have ownership of usufruct. So your parents are not entitled to proceeds in a sale if they are giving up their usufruct.

If they are seeking payment for their usufruct, they would get their 30% and you and the other naked owner would split 70% of the proceeds.

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Customer reply replied 11 months ago
Under what circumstances would they give up their usufruct?
Customer reply replied 11 months ago
Do they have the right to have the usufruct?
Customer reply replied 11 months ago
Would they be giving up of the usufruct as they are not buying another property?

Thank you for your reply.

Yes, they have a right to keep their usufruct until they decide to give it up voluntarily. Until they voluntarily give it up or cannot physically live in the property any longer, you cannot sell the property. If they give it up voluntarily or they cannot live there any longer and you get a court order to terminate the usufruct, you can then sell the property and the naked owners are the ones who share the proceeds not your parents.

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Customer reply replied 11 months ago
Thank you for your advice. I now know where we stand, my parents want to sell to move back to UK.

Thank you for your reply.

If they want to give up their usufruct, they need to do so in writing stating they are voluntarily surrendering their usufruct and the naked owners are allowed to sell the property at that point.

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