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Life annuity

Life annuity under Article 1964 of the Civil Code. For a sale to qualify as a « life annuity », it must be uncertain. This uncertainty lies in the date on which possession of the property is taken. A life annuity sale may be reclassified by the courts if it does not include this element of uncertainty.
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Occupied life annuity

The seller, also known as the « credit-rentier », retains a right to use and live in the property (or a usufruct) for life, or in rare cases for a limited period of time. The credit-rentier receives a lump sum and a monthly annuity from the buyer (« the debit-rentier ») and continues to live in his home until his death. They may also decide to leave their home to go into a retirement home, for example. This is known as « early release » and the annuity is then revalued. The debit annuitant then takes possession of the property.

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Unrestricted life annuity

The seller, or « credit-annuitant », puts up for sale a property that is not his or her main residence and that is unoccupied (secondary residence or rental investment). The credit-rentier receives a lump sum and a monthly annuity, which the buyer or « debit-rentier » undertakes to pay until his or her death. With a free life annuity, the debit-annuitant takes immediate possession of the property.

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Bare ownership

More and more retired people are selling their property in bare ownership. This is an alternative to life annuities. In a bare ownership sale, the vendor receives the full sale price on the day the deed of sale is signed, and does not receive a life annuity. They will, however, continue to live in their own home until their death. There are, however, various options: Sale in bare ownership with usufruct reserved and sale in bare ownership with right of use and habitation. Don’t hesitate to contact us for advice.