Fe Fe Le Pugh

[quote user="idun"] Fe Fe said: Yes to both questions and I don't think from my research that the partnership has the same rights in French inheritance law as it does automatically in English law,   Please don't think that a couple living together and unmarried have automatic rights in english law, unless things have changed radically and recently, they have not. [/quote] When I say partnership I mean marriage. There was one major change for married and unmarried couples just last year, a test case where there was not the automatic 50/50 split of assets because one half of the partnership could proove they put more into the purchasing of the assets than the other and walked away with a percentage equal to that.  

Thanks all, I'll try and get more accurate information and come back.

"A "Donation entre époux" covers not only the house but gives the surviving spouse several options for inheriting from the other , at the succession , including all in life-interest (usufruit).  If a divorce takes place , the courts (in either the UK or France -there is a choice) will decide who gets what , without reference to any succession arrangements. I hope I have guessed right, but without further info , it's difficult." Well from what you are saying I sincerely hope it is that but guess I have to pin down exactly what was signed. It's difficult because I can only get yes or no answers because the other half of the partnership is keeping an eye/ear on everything that's being said and done no doubt to protect their "investment".

Hi, It's not the son we're worried about. Basically partner A wants to sell the house because they are destitute, no money for bills, to eat or even to get home, the cupboard is bare :-( Partner B saw partner A coming, partner A bought the house and let B a free rein with the money and plenty of money too! Partner A wanted to protect partner B when they origionally bought the house but now they HAVE to sell the house partner B is making it very difficult if not neigh impossible for them to stay but then demands half the proceeds from the house sale and refuses to drop the asking price and refuses to come home either. Someone did mention that if partner A left there's some law about abandonment and that's what partner B is hoping for so they can get to stay in the house. The thing is if they did leave is there any way to get partner B out of the house? There is NO CHOICE there is no money left, no income, nothing neither of them can stay. Partner A is off the scale of stress levels and then some, even talked about suicide that's as far as B has driven A, emotionally and physically wrecked. Complete con person through and through without a doubt, saw partner A coming for sure and if doesn't pay for it in this life will hopefully have to pay for it in the next. I said too much already :-/

[quote user="idun"] Are you saying that they subsequently got married? And why are you asking, is divorce on the cards, if so, then this should be sorted out in the divorce proceedings. If not, then if they are married I would imagine that as a spouse B, could not be thrown out if A dies any way. I hate that word partner, it just means you are living with someone who could go and marry someone else tomorrow, it means nothing at all. [/quote] Yes to both questions and I don't think from my research that the partnership has the same rights in French inheritance law as it does automatically in English law, partners have to be protected as if not the property as a whole or particially, depending on how it was bought, will automatically pass to the children. I hate "partner/partnership" too, it's something and nothing.

Hi All, I'm in desperate need of some advice on behalf of another so I'm going to use partner A and B in my examples to protect identities. To protect partner B when a property was purchased in France for permanant residency a document was drawn up to ensure that partner B was allowed to continue to live in the property for their lifetime should partner A pass away. Partner A has a son from another marriage.   From research I'm presuming this was a "usufruit?". The question I need to ask is, is it possible to have this removed if a marriage breaks up? At the time it was only partner A who had to sign the document so I'm presuming the house was purchased by partner A outright because it offers no protection to partner A on the death of partner B. Forgive me for being vauge here but I'm unable to get limited information and only yes and no answers over the telephone and that I do have I don't want to say too much because for all I know partner B might post on this forum! Yours a very helpful friend