Real estate law
Security :
The notary gathers upstream the documents to avoid any subsequent dispute. He verifies the property title of the seller, he is responsible for grouping all the diagnoses and documents required by law for the information of the buyer, he ensures, with the help of an expert surveyor, inform the buyer about the limits of the land sold. He informs his clients about the tax consequences of the proposed transaction.
Specificity:
The island of SAINT-BARTHÉLEMY is an overseas collectivity, fiscal, urban and environmental rules are different from those of metropolitan France.
It’s the same for the neighboring island of SAINT-MARTIN.
That is why the notaries installed in these islands secure the transfer of real estate located in the territory of these Overseas Communities.
Our office advises the Seller for the calculation of the tax on the capital gain specific therein, and the buyer on the taxes and emoluments which it must support during its acquisition as well as on the rules of town planning and environmental conditions that apply in these unique territories.
Succession of a single person or a widower: organize yourself if you want it to be otherwise
• Your Pacs partner does not inherit anything. Think of the Will and / or life insurance exempt from inheritance tax ... even in the absence of any will.
• In the presence of children: they inherit your property.
• In the absence of a child: your parents receive a quarter of the estate each, and the siblings the rest.
• In the absence of children and siblings: your parents each receive half of the estate.
• In the absence of children, parents, siblings (living or represented), the estate is divided into two equal parts: one half for the maternal family, the other half for the paternal family. In each of the two families, the closest heirs inherit: uncles or aunts first, then first cousins.
Think about the "Testament" to override the rule, and / or sell your property in life annuity, which gives you an income until your death, while occupying or not the property.
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Donation:
divide your assets between your children during your lifetime In the presence of several children, the donation-sharing preserves the family agreement after your death and has many tax benefits, including property are assessed on the day of donation. You can make donations by installments, to take advantage of the discounts and thus limit the donation rights.
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The periodicity of the rebates and their amount are not the same in SAINT-BARTHÉLEMY and SAINT-MARTIN. Moreover in SAINT-BARTHÉLEMY, the donee is exempted from any right of donation, in certain cases. Consult your notary.
You inherit property located in SAINT-BARTHÉLEMY or SAINT-MARTIN: pay attention to taxation!
The rules governing the liquidation of inheritance tax are subject to the specific rules of the SAINT-BARTHÉLEMY Tax Code and the SAINT-MARTIN Tax Code. Consult your notary.
Notary's tariff and transparency
Because the notary performs a function of public interest, the remuneration for notarial service is regulated. He must follow the official tariff of Notaries. His emoluments of drafting are proportional to the value to which the act relates; their amount and the method of calculation are fixed by law. Thus, all customers pay the same amount for the same operation, regardless of the complexity of the file. Customers therefore retain the guarantee of predictable and transparent remuneration.
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