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The transfer of a real estate heritage can be carried out in various ways: by a donation, a legacy or by creating a real estate company. For each situation, there is therefore a solution to transmit his real estate. Details and explanations.

Transmission of a real estate patrimony

Transmission of a real estate patrimony

Transmission of a real estate patrimony: donations

To pass on your real estate heritage through the donation during your lifetime can reduce the costs of succession.

  • The donation between spouses: transmission of all or part of the real estate assets to his spouse.
  • The donation-sharing: transfer of real estate to several beneficiaries.
  • Donation with usufruct reserve (or dismemberment): transmission of the bare ownership right to a beneficiary with usufruct reserve to the donor (right of use).
  • The donation by precipitation: to favor one child over others.

To note: whatever its form, the donation of real estate is always done by notarial act.

The legacy of ownership to transmit its heritage

The legacy of a real estate heritage takes effect only on the death of the donor who thus disposes of his property until his death.

  • The universal legacy applies in the absence of reserve heirs and allows to bequeath all of its assets.
  • The legacy as a universal applies only to a portion of the estate (bequest of a percentage of the property or a group of properties).
  • The legacy as a special title allows the bequest of one or more precisely designated property among those constituting the deceased's global patrimony.

To noteto make a legacy, writing a will by the donor or a notary is mandatory.

Transmit your real estate assets with an SCI

It is also possible to create a Civil Real Estate Company (SCI) to manage the transmission of its real estate assets during its lifetime.

The donor who does not pass the creation of an SCI, transmits its real estate assets to its beneficiaries while maintaining the management of its property. This transmission works on the same principle as the donation with usufruct reserve.

  • Here is the donation and the dismemberment of the shares of SCI. The donor therefore remains the usufructuary of the property of which he gives the bare ownership.

The SCI allows the transmission:

  • rental housing;
  • primary and secondary residences.

Learn more about official procedures and documents for inheritance.

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