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Money: Inheritance: Can I renovate a good of which my children have naked property?

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Héritage : puis-je rénover un bien dont mes enfants ont la nue-propriété ? © Fotomax / Getty Images Inheritance: Can I renovate a good of which my children have the naked property? In the "Great Real Estate Appointment" (Capital / Radio Immo), Marie Choplin-Texier notary within the Cheuvreux study, advises an auditor who wants to develop his dismemberment operation.

Every month, the "Great Real Estate Rendez" (Capital / Radio Immo) answers your questions through its sequence "it concerns you". Our experts - lawyers, notaries, real estate agents - denote for you the most complex legal problems and give you their advice that you plan to sell, buy, rent or renovate your home. In this sequence, Marie Choplin-Texier notary within the Cheuvrous study, answers a question from Jean de Bayonne. Jean owns a house. For reasons of future transmission, he plans to give birth to his children, while maintaining the usufruct. As aufruitier, Jean would, however, wish to bear the renovation work he plans to undertake in his villa. Does he have the opportunity?

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To develop his answer, Marie Cholpin Texier first reminds our listener what the law says. The Civil Code provides that in the absence of a clause contrary in the donation certificate, the maintenance work is borne by the usufructuary. That is, anything that concerns nor beautification or construction / reconstruction. All other works are the responsibility of the nu-owner (605 Civil Code). Except for the work that is made necessary because of a defect of the usufructuary. To simplify it is often explained: small works for the usufructuary, big works for the naked owner, summarizes our notary.

This distribution between maintenance repairs and large repairs is laid down in the Article 606 of the Civil Code . The big repairs are listed limitedly: those of large walls and vaults, the restoration of whole beams and blankets. Those of dikes and retaining and closing walls as entirely.

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However, it remains possible to derogate from this distribution principle by inserting a particular clause into the donation certificate. It can thus predict that all work, whatever their importance be the responsibility of the usufructuary. In this case the usufructuary can no longer turn to the owner so that he performs the work. If the renovation is accompanied by a construction, John can finance the totality.

point of vigilance especially in the case of construction work. At the death of the usufructuary, there will be no taxation for the usufruct and naked property meeting. But precise, Marie Choplin-Texier, it will then be necessary to ensure that it is the usufructuary who has drawn up the construction by receiving income or living in there ... you will understand it, it is important to fix the Rules in the donation act according to what is desired by the usufructuary and the naked owner.

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Our experts answer you

you own, buyer, seller still investor and you also have a legal, fiscal or practical question? Feel free to connect to the Facebook Group The Club of Proprios to ask your questions. The 6,000 members of this group, created and managed by capital, will be happy to deliver feedback. In a second step, we will also try to get your questions back to submit them to our experts who will answer them in the next numbers of the "Great Real Estate Appointment".

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