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Old Feb 19th 2013 | 6:43 pm
  #31  
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Default Re: In a mess

The only way to put a property in your children's name is for them to buy it off you, so if your husband's name is on the deeds then yes, he would have to agree. They would then become responsible for paying the property taxes etc.

I'm afraid I still feel that an auto entrepreneur would have been doing very well to pay a mortgage and property taxes on a principal residence, plus the property taxes and maintenance on a maison secondaire, and have anything left to live on. Most AEs I know have one house and no mortgage, and don't have much left over. Finding it hard to understand why it wasn't discussed sooner, before it got to this...
 
Old Feb 19th 2013 | 7:35 pm
  #32  
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Default Re: In a mess

Originally Posted by Squibs
I go to the notair next week this week has been cancelled, I (we) have a small apartment 25 square meter that I bought before we moved here that we used for ski holidays, and I am going to see if I can put that into my children's names, will not hold my breath, and don't know if he will agree to this!!!!

I have managed to get most things up to date the only thing outstanding now is the sindyc charges, thanks to my daughter. feeling down today now.
Glad to hear that you aren't entirely alone in this, as you have children. Are they living in the UK? Can they not accommodate you, at least temporarily, if you decide to return to the UK once everything's settled here?
You also have property that you could actually sell and share the proceeds with your OH to pay off his debts. This implying that your ski studio would be written off, but apparently you weren't earning anything from it anyway.
It is possible to "donate" property to one's children and keep usufruit, but not all at once. So many thousands of euros per so many years. We did this with our children over the years but I've forgotten how much and over what period of time. The Notaire can advise you on this, but there again your OH must be in agreement....
All the best!
 
Old Feb 19th 2013 | 9:42 pm
  #33  
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Default Re: In a mess

Thanks to all. We have someone in tbe apat at the moment so it is rented out.
No my children live in the states. The apt has been on the market for the last five years, with lots of others in tbe same block, it seem that people want bigger and better now, and it is priced to sell as well. I have had it 10 years that is why I am seeing the notair to see if I can donate it to the children, the one we are in now as been on the market for 15 months and I ave just reduced it again, nothing seems to e moving here at all. If we could sell this things would be fine, I could then sort everything else out. I have managed to get some cleaning work, but having severe arthritis in my spine don't know how long I will e able to do it, I have spoken to my Dr to see if I could have cortisone injections, but because I am diabetic he has said no but has given me some strong painkillers, so hope I can earn something.

Will keep you posted next week when I have seen the notaire

Thank you all once again for all the useful advice.
 
Old Feb 21st 2013 | 9:20 pm
  #34  
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Default Re: In a mess

Hi,

Sorry to hear that things aren't going as you hoped, but as has already been said, you are moving.

If you transfer the deeds of your flat to your children, it will cost you, as it is a legal procedure. I don't know how much. The ceiling on tax-free donations to one's children is now €100,000 every fifteen years. That is €100,000 per parent. If the flat is your name only, then I imagine you'll be able to do what you like with it, without having to consult your husband. Your situation may also be dependent on where you got married; France, or the UK. If it was in France, did you get married with, or without un contrat de mariage? The contrat de mariage stipulates what each half owned before tying the knot, and if you separate, the value of your property is attributed to you.
If your flat isn't selling, then it might be worth hanging on to it, as it is a source of income. And if you do manage to sell it, that might mean you end up being 100% dependent on your husband.

Taking up cleaning work is a good idea, as long as it is compatible with your state of health, which doesn't sound like the case here. Listen carefully to what your doctor says to you and follow his advice.

Are you discussing all this with your husband? Is he aware of the state that you're in? In any situation like yours, communication, however difficult, is essential.

Good luck and bon courage.

PB
 

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