French
///Property
Transactions
Purchase (including ownership structure advice)
Buying property in France, whether a freehold or copropriété (the French equivalent of leasehold), involves a very different legal process compared to an English purchase. You’ll often be required to sign important legal documents early on, before fully understanding the implications.
While estate agents are likely motivated to see the French property transaction process completed in quick succession, the Notaire services in France may fall short in providing the legal English skills or awareness of common concerns typically expected by English buyers. As a result, many clients feel they have limited control and little guidance throughout their buying journey under French property law.
Our tailored services are designed to match the level of support you need during a French property transaction process:
- Consultancy basis: You set a budget, and we provide advice on specific concerns as they arise during your journey of buying property in France.
- Contract review only: We deliver a detailed report on the preliminary contract (compromis de vente or promesse de vente), highlighting any issues for you to raise with the estate agent or as part of the Notaire services in France.
- Full service: From the moment your offer is accepted until completion, we manage the entire French conveyancing process. This includes reviewing contracts, liaising with the Notaire and estate agent, handling due diligence, and ensuring the final Acte de Vente aligns with expectations. We also manage any issues that may arise along the way.
In addition, we can advise, either as part of our consultancy or full service, on the most suitable ownership structure under French property law. This includes standard indivision, tontine provisions, SCIs, or démembrement de propriété (usufruit). We’ll also guide you on making a Will that protects your French assets.
Sale (including French capital gains tax)
While a sale may seem more straightforward than buying property in France, it often presents its own challenges, particularly if a French buyer makes requests you’re unsure are standard, or if past building works on the property are now under scrutiny.
In addition to our consultancy, contract review, and full service options detailed above, we also advise on any sales mandate you’re asked to sign.
Our pre-sale service helps you compile all the documentation required once a buyer is found, such as Deeds, planning permission, and building work invoices. If you’ve completed building work without the necessary permissions or final approvals, we can advise on the implications and assess your available options under French property law.
French capital gains tax
As part of our sale or pre-sale support, we can also advise on French capital gains tax, including:
- Estimating your potential tax liability and explaining how it is calculated.
- Assessing whether your building work costs can be offset from your gross gain, and which documents will be needed.
Determining whether a French-accredited tax representative is required, and guiding you on obtaining a certificate of affiliation to the English social security system from HMRC, potentially reducing French social charges.
NB: If you are UK-resident, the sale of your French property may also trigger a UK capital gains tax liability. We do not advise on this and recommend seeking separate advice, including whether any double taxation relief applies.
Divorce / Separation
Divorce or separation is never straightforward, especially when it involves property or assets in France. These cases often require early legal advice, ideally before any agreement is made regarding the French assets. Transfers made in France as part of a divorce or separation can trigger high taxation and involve lengthy timescales.
We can assist with the following:
- Investigating ownership of French assets via the French Land Registry or Companies House, particularly in the context of financial disclosure.
- Advising on French matrimonial regimes and marriage contracts, in line with French property law.
- Outlining your options for transferring French assets, including applicable taxes, costs, and expected timeframes.
Ensuring that the wording of any Consent Order or Financial Remedy Order will be recognised and enforceable in France. - Instructing relevant professionals in France and overseeing the asset transfer through to completion.
Société Civile Immobilière (SCI) – French Property Holding Company
An SCI is a common structure for owning property in France, but it can add complexity, especially when shareholders are based outside France. This is because the property is owned by a French-registered company, rather than held outright by individuals.
If you own French property through an SCI with other shareholders, decisions must comply with the SCI’s Statuts (Articles of Incorporation). This includes rules around share transfers, which may be tightly restricted or subject to formal procedures. Selling property in France via an SCI can also involve extra legal and tax steps, particularly if the SCI is being liquidated and sale proceeds are to be distributed among shareholders.
We can advise on:
- Whether an SCI is the most suitable structure for your needs, or whether a different arrangement under French property law would better align with your objectives.
- Establishing an SCI and transferring ownership of a property into it.
- Share transfers between shareholders, whether as a sale or a lifetime gift.
- Transfers to third parties, including any restrictions and tax implications.
NB: If you are UK-resident, a sale by the SCI or disposal of SCI shares may trigger a UK capital gains tax liability. We do not advise on this and recommend obtaining separate tax advice, including any applicable double taxation relief.
Buy-outs between co-owners / forced sale of French property interest.
Buy-outs between co-owners / Forced sale of French property interest
If you jointly own a property in France and wish to exit, whether due to a past purchase with friends or an inherited share with family, we can guide you through your legal and practical options.
We advise on:
- Buy-outs between co-owners, including a licitation faisant cesser l’indivision (where one party becomes sole owner) or a licitation ne faisant pas cesser l’indivision (where ownership remains shared). We also handle arrangements where sale proceeds are paid in sterling.
- Selling your interest to a third party, in line with French property law.
- Forcing a sale where your co-owners refuse to buy you out and a third-party sale is not viable.
NB: If you are UK-resident, disposing of your interest in a French property may result in a UK capital gains tax liability. We do not advise on this and recommend seeking independent tax advice, including whether double taxation relief may apply.
EXPERT LEGAL ADVICE
Our French Experts
Marc White
Solicitor, Notary Public & Accredited Mediator
Madeleine Carin
French Paralegal
Léa Maynard
Solicitor & Head of French Law