Even if the housing received as a donation belongs to you, you cannot necessarily dispose of it as you wish. Indeed, clauses mentioned in the deed of gift may for example prohibit you from selling it.
Passing on all or part of your real estate assets during your lifetime, this is the objective of the donation. A tax-efficient operation in the family context, since each parent benefits from an allowance of €100,000 per child, applicable to the value of the property every 15 years. Signing a notarial deed is mandatory when real estate is at stake. The notary can, at the request of the donor, include certain clauses in the authentic deed, in particular allowing the accommodation to be kept in the family patrimony.
A “temporary” ban on selling the property
The donor can prohibit the donee (the beneficiary of the donation) from selling the property by providing an inalienability clause in the notarial deed. But things are not set in stone: the donor can waive this clause and give his consent to the donee who wants to sell the property. In addition, inalienability clauses are "temporary" and must be "justified by a serious and legitimate interest", according to the Civil Code. Thus, “if the interest which had justified the clause has disappeared or if it happens that a more important interest requires it”, the donee may be authorized by the courts to sell the property.
Dismemberment of property: obtain the consent of the usufructuary
There is also the so-called reserve of usufruct clause in the context of a donation in dismemberment of property. This consists of giving the donee only the bare ownership of the accommodation. The usufruct, i.e. the enjoyment of the property (the right to occupy or rent it), is retained by the donor. In this case, the beneficiary of the donation must obtain the agreement of the usufructuary to sell the property. He will only have full ownership of the accommodation upon the death of the donor.
An asset that can return to the hands of the donor
The deed of gift may also contain a conventional return clause. Thus, the donor can recover the donated property if the donee dies before him. In addition, a donation, even if it is definitive, can give rise to judicial revocation in three specific cases, according to the law: • Due to non-performance of the charges: if the donation is accompanied by an obligation to house, feed or provide care to the donor and the beneficiary does not respect his commitments, the donor can recover the property. • If the donor becomes a parent or adopts a child after making the donation: then he can ask the court to take back ownership of the property. • Due to ingratitude: if the donee commits an offense against the donor, tries to kill him, then the recovery of the property can be ordered by the courts. (Translation by Google translate)
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