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PROPERTY

The ‘cheap’ way to get a second-home in France

Everything is relative when it comes to price, but several French start-ups are launching a new model that offers a cut-price way to get a luxury second-home in France.

The 'cheap' way to get a second-home in France
Illustration photo: Armand Khoury / Unsplash

The pandemic and linked rise of remote working have had an increasing number of people wondering whether they should invest in a getaway property.

But, while many people have some savings, most would not have enough to consider serious, high-end luxury, or in a sought-after location, such as the French coast.

But now, two property start-ups in France are trying to change that. They offer second-home hunters the chance to buy a part share in a luxury property – similar to a time share – that will make the dream accessible to more people. The greater the number of investors buying-in, the lower the price.

As well as price, the idea is sold on convenience, since the companies will take care of repairs and maintenance. 

The start-ups Prello and Altacasa both say – for a monthly fee on top of the price of a mortgage – to clean and maintain the property on buyers’ behalf, and to advertise for holiday rents when it would otherwise lie empty.

According to their figures, 13 percent of people in France own a second home, but spend – on average – 40 days or less a year at their getaway property. Meanwhile, some 40 percent of people dream of owning a place in the country or by the sea, or in the mountains.

A single share in a high-end luxury property gives the buyer the right to stay there for 44 nights per year, or an eighth of a year – assuming eight separate ‘buyers’. Two shares would mean 88 days, and so on. 

“The idea is really for the owners to make the most of their property without having to worry about the day-to-day running of the house,” Ludovic de Jouvancourt, co-creator of Prello told Le Parisien.

“And when no owner is at the property, we put it up for seasonal rental. Our profitability varies between 7 percent and 12 percent depending on the time of use.”

They say they try to carefully match investors in each property to cut down on periods when more than one owner might want to use it. 

“We ask detailed questions to each client in order to know their desires so as to put in the same house groups that do not have the same rhythm of life,” de Jouvancourt added. “We will mix couples with children, retired people, single couples… to make sure that periods like school vacations are not overbooked.” 

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PROPERTY

French property: What is buying ‘en tontine’?

If you're buying property in France, you might be thinking about buying 'en tontine' - this has advantages especially when it comes to France's strict inheritance laws, but can also have tax implications.

French property: What is buying 'en tontine'?

What is it?

The ‘clause de tontine’ sometimes also known as a ‘clause d’accroissement’ is a clause that is inserted into the property deeds when you are buying a house or apartment.

It can only be inserted during the purchase, and cannot be added later.

It’s basically a ‘group purchase’. It’s most commonly used by unmarried couples who are buying together but it can be used by larger groups too – for example a group of friends buying a holiday home together.

You will have to ask a notaire to draw up the tontine clause during the property purchase and it can only be used if 

  • the parties are equally involved in the financing of the purchase
  • the parties involved have a roughly equal life expectancy (for this reason tontine clauses may be rejected if there is a significant difference in age between the purchasers)

What’s the point of it?

The main reason that people use it is to sidestep France’s strict inheritance laws, which assign that a certain portion of every estate must go to children, at the expense of a partner. 

READ ALSO How France’s strict inheritance laws work

For this reason it is particularly used by couples who have children from previous relationships.

On a property with a tontine clause in effect, when one owner dies their share of the property passes in its entirely to the other member/members of the tontine.

This cuts out children from inheritance, but means that a surviving partner is not evicted from their home in favour of the children of the deceased. 

It also has the advantage of making the intentions of the deceased clear, to avoid arguments among heirs after their death.

It should be noted, however, that the tontine clause only takes in the property that it covers – other assets may be subject to French inheritance law so it’s therefore probably wise to arrange a will, to ensure your wishes for your estate are met.

The surviving party can ask a notaire to update the property deeds to show that they are the sole owner, if they want. Be aware there will be a fee, which could reach four figures for the privilege – and it doesn’t actually involve any change to the property title.

Drawbacks

The advantages of the system are clear, especially for blended families, but there are some potential drawbacks too, which mean that anyone considering buying in this way would be well advised to take proper legal advice before they start.

Inheritance tax – while a tontine will help you to avoid restrictions on inheritance, it does not exempt you from inheritance tax. French inheritance tax is structured according to your relationship to the deceased, and people who are neither married nor related to the deceased pay an eye-watering inheritance tax rate of 60 percent.

The only exception to this top rate of inheritance tax is if the property is your main residence and it is valued at under €76,000 – in that case, tax is paid at a rate of 5.8 percent.

Married couples and family members pay a much lower rate or not tax, but if you’re not married to your tontine co-purchaser, be careful that you’re not lining yourself up for a massive tax bill in future years.

Wealth tax – depending on the value of the property, it could tip you over into the ‘wealth tax’ category when you inherit. France’s wealth tax is a real estate based tax and is levied on anyone who has real estate assets (property and land) worth €1.3 million or more.

The calculation includes property held en tontine.

Tax savings – you might hear tontines being advised as a way to limit your French tax liability.

While this used to be true, changes to tax laws means there are no no significant tax advantages to buying this way – the same is true for buying a property via an SCI, which used to represent a tax saving until the law was tightened up.

Disinheriting family membersOne side effect of the tontine clause on mixed families is to effectively disinherit any children of the first person to die.

Because the property passed to the survivor, under French law, only their direct descendants – rather than any family by marriage – are entitled to automatic inheritance.

That means that the children of the surviving partner will be entitled to the statutory share of the entire asset (between 25 and 30 percent depending on the number of children), but the children of the first person to die will be entitled to nothing. Obviously you can choose to leave them something in your will, but you can only leave them some or all of the estate which is not automatically given to the children on the survivor.

Divorce/dispute – if the members of the tontine split up or (in the case of friends) fall out, then they can either sell the whole property or agree to buy each other out.

However, if one party refuses to sell, then you have very limited legal options – unlike a standard property purchase a tontine is not regarded as joint ownership, so one partner cannot be forced to sell as part of a divorce procedings, for example.

Basically the tontine can only be ended or changed with the agreement of all parties – so if you can’t agree between yourselves then you may be stuck with it.

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