Your aunt Ursule has just died, leaving you in legacyto you and to your brothers and sisters, his only heirs, a pretty family house. Do you rub your hands at the idea of the chest that you will pocket when selling it? Not so fast! Your brothers and sisters may have no desire to separate from the family house, This promises long discussions, if not disputes, between heirs. “An increasing number of goods – houses, apartments, land – remain immobilized for years, sometimes decades, for lack of agreement between heirs or joint ownership»»deplores François Jolivet, deputy horizons of the Indre and vice-president of the finance committee of the National Assembly, in the explanation of the reasons for a bill aimed at “”Generalize joint ownership conventions»»tabled in the Assembly this Tuesday, September 16.
Joint possession, a situation in which the heirs of the same succession are found, “Is no longer a simple private subject, it has become a structural factor in Blocking of the real estate marketexplains the parliamentarian. It deprives thousands of housing of an occupation or a marketing, while France is experiencing a lasting crisis of the new construction Since 2022 “. With his bill, François Jolivet intends to pass “From a logic of inaction to an organizational logic” inheritance joint ownership.
“I am a tenant … but owner of 9 dwellings which bring me 4,000 euros net per month”
“Responsibility” taxation
His text indeed obliges the heirs to organize joint ownership. In three months According to the birth of it, after a death, the joint owners must conclude a written agreement organizing the management of the property, in order to avoid blockages. In order for this obligation to be respected, the bill establishes “Responsible taxation, rewarding rapid procedures and penalizing delays”. “Good students will be rewarded with an exemption from fixed registration rights (taxes due to the transmission of property) while latecomers will be sanctioned by flat -rate taxation”explains François Jolivet.
Concretely, in the event of exceeding the three -month period, the division of goods – furniture and buildings – between the joint owners will be subject to a right of registration or to a 0.5% land advertising tax. A proportion that will apply to the value of goods? “It is still under setting”replies the entourage of the deputy to Capital.
Real estate credit: up to 0.6 rate difference for the same file according to banks
No convention, no sharing
Still to encourage joint owners to conclude this management agreement within three months, the bill stipulates that The right to cause sharing of the property will be suspended As long as it has not been written. “The current law, based on the principle according to which” no one can be forced to remain in joint possession “, lets in reality prosper the inaction”argues the deputy. Who specifies that his bill will come into force the January 1st according to his promulgation. In the current political situation, with a new Prime Minister training his government, difficult to say when this text, like all other drafts and proposals of law, may be examined by the National Assembly and the Senate.
