The seller is responsible for registering a property transfer law contract. Although not explicitly defined, the waiver of rights on a given land can also be considered a valid form of asset transfer. As usual, to be effective, a document in which you or another party waive their rights to a particular property must be authenticated or certified to be effective. Note that different jurisdictions may resolve and do the matter differently. Always ask a lawyer to see if a waiver is possible, and if so, what the requirements are. The right to common rent is a form of shared ownership in which two or more people own land without the right to survive. Thus, when a common tenant dies, the interest of the deceased landlord is transferred to his heirs or persons mentioned in his will, not to the other landlord. While legitimately trusting their children, parents should not give up certain guarantees for these contracts: they may, for example, reserve a right of recovery if, during the life of the parents, the beneficiary sells the land without their consent or finds himself in financial difficulty. In addition, it is generally appropriate for parents to retain a right of residence or use (usufruct) when transferring ownership of their dwelling or, if possible, to set a life pension guaranteed by a basic right guaranteed by the land registry.
In addition, parents will often express a desire to enter into a care contract, which can also be guaranteed by a cash tax guaranteed in the land registry. When it comes to purchasing an apartment building or land, our advice to the buyer includes legal due diligence and an analysis of the legal structure of the sale and sale contract. Due to our many years of experience with property transfer and partial ownership of housing, we recommend legal control, especially when it comes to purchasing commercial units, unre-renovated attics, apartments on the top floor that were then added to the building, duplex apartments, apartments in which fairly significant land is covered by special use rights. , and parking lots in two-level parking systems. Legal advice is also required when purchasing units in complexes with a mixture of residential and commercial use. As a general rule, transfer contracts raise the same questions as real estate purchase contracts. These documents must also be brought in. Real estate is sold not only to pay the market value price, but also often for reasons that are not essentially economic. These include gifts, whether it is an outright gift where the seller is not against him, or a so-called mixed gift, which is linked to them by a certain return to service, for example the obligation to pay equal treatment payments to brothers and sisters, obligations of care, etc. For all these agreements, the term “transfer contracts” or “renouncement of ownership contracts” is used.