CALONNE & ADOUE-DUGAST
French law firm, Toulouse
English
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Member since 2017

TESTIMONIALS

Prune Calonne and Afaf Adoue Dugast of SCP CALONNE & ADOUE DUGAST were invaluable in helping me through a divorce. They were proactive in giving accurate and professional advice on my situation.  
Most of our communication was done via email and I never had to wait long to get a response. Prune was also readily available by telephone.
Above all, it was vital to be able to communicate in English, and Prune answered all my questions, no matter how small. 
I felt reassured and confident that I was in good hands.

R. Greenhalgh (46)

 

I would wholeheartedly recommend Prune Calonne as a bilingual lawyer.  She works extremely hard for you and she knows her stuff.  Her English is perfect, and she is tireless in getting the results you are looking for.  We contacted her after someone squatted in our holiday home and refusing to leave.  I wish I had contacted her before we allowed this person to stay in our property.  The property laws in France could not be more different than they are in England - so be warned!  Contact a lawyer - and I would recommend Prune Calonne. Prune has resolved the situation and represented us in the court case - which we won - and we now have our property back.  Thank you Prune!

ACT (81)

 

Buying/selling properties in France

·         Preliminary sale agreement drafting,

·         Pre-purchase advice and legal documents review,

·         Review of French Estate Agents' contracts;

·         Legal assistance throughout property conveyancing in France;

·         Hidden defects issues;

·         Advice on how to avoid making common mistakes during the purchase process in France

 

International private law & cases with international aspects

·         New French administrative divorce (without judge) and other divorces.

·         Real estate and inheritance related litigation before French courts when the property is located in France

·         Family law related issues (Divorce, maintenance, child custody)

 

Labour law and social contributions issues

·         Assistance before French employment tribunals when dismissed, assistance with negotiations if “rupture conventionnelle” offered or wished,

·         Work related illnesses and accidents at work,

·         Disputes with URSAFF or other bodies

·         Disputes regarding social contribution calculations or outstanding debts against URSSAF,CPAM, CAF, “contrainte” before seizure, repossession.

 

Tenants-landlords relationship

·         Disputes with neighbours (noise, hedges, cameras onto property, use of easements, …)

·         Lease related litigation such as difficulty to get deposit back, rent arrears, property degradation, disputes with estate agencies…(for tenants or landlords)

Buying property in France

TONTINE CLAUSE: SOLUTION OR POTENTIAL WHOOPSY?

 

If you decide to buy a property and you’re an English-speaking individual, it is quite certain that you are aware of the existence of Tontine.

You might consider asking this clause to be added in the notarial deed when you purchase the property.

If you are in this situation, I would strongly suggest that you read the present article and request further information to your notaire before you do.

This article might save you from making a big whoopsy!

This clause is known to prevent the dangers of undivided ownership and guarantees the survivor ownership of the entire property.

Two conditions to use this clause are required:

• each party must finance the property,

• life expectancy of the buyers should be roughly similar, to prevent the clause to be considered as a gift?

 

ADVANTAGES:

The tontine clause is often used by couples with children of a previous marriage.

- It could be considered as a great option so that in case of death, the surviving spouse is not asked to leave the property a few months after the deceased passing.

With this system, the predeceased person is declared never to have purchased the property.

 The surviving purchaser is considered to always has been the owner, from the beginning.

-The heirs of the deceased have no right on the property!

-Also, the property is said to be unseizable by creditors.

 

 

So simple, why not jump at the chance and choose this option. Read on

 

 

 

 

DANGERS:

-There must always be unanimity in any decision in relation to the property (ex: building work or sale).

Therefore, if you want to get divorced, your wife or husband will be able to block the sale for the rest of your life. What did they say? until death do us apart.

Indeed, legally it is not possible to provoke sharing as in joint ownership or “indivision”.

 

-You disinherit your children (of a previous marriage)

 

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