Ex instructing sale of jointly owned property ?

[Sas]

Due to a complicated divorce in the UK the court has ordered that both UK and French properties have to be sold and split. Can my Ex put the French property on the market without any signature from me when we jointly own it.?

[AnOther]

There is little to stop him actually putting it on the market but is the real question 'can he sell it without your signature when you jointly own it' ?

Probably not is the quick answer but a definitive response may not be as straightforward as you might imagine and could for instance, depend on your marriage regime when you bought it. Where the money came from could be significant too.

A job for a professional.

[PaulT]

Doesn't the Court Order have an effect on this, i.e. the Court has ordered the property to be sold and would not doing it be contempt of Court?

But as has been said, an expert is required.

[P-D de Rouffignac]

A reputable agent and, in due course the Notaire, will look very carefully at the title deeds ('titre de propriété') which you should have received some weeks after completion of the original purchase, to verify the correct ownership of the property.  If there are any doubts at this stage, potential buyers - who have a wide range of properties to choose from in the present climate - may shy away from this purchase, fearing delays due to possible litigation between the vendors.

In my experience as an agent, we were occasionally approached by a husband or wife in dispute, trying to sell a jointly-owned property independently of the other party, and we would not even enter into an agency mandate (contract engaging the agent to sell the property on behalf of the owner) without ensuring that all parties concerned had signed. Much the same rules apply to inheritances, when all involved must sign - if one of them does not want the property sold, the deal stalls. We would require a copy of the 'titre de propriété' at the time of preparing the sales mandate and the Notaire needs it the moment there is a potential buyer, in order to prepare the 'compromis de vente' (initial sales contract). .

[Clair]

Our neighbour died leaving her five adult children as joint-owners of the house she lived in.

Four of the owners have agreed to sell the property but no sale can go through as the fifth owner refuses to sign.

This has been going on for several years and the sale price has dropped from its original 90 000€. The last attempt to sell at 53 000€ has also failed.

[AnOther]

I though that had changed not so long back Clair and now it's a majority decision ?

[Sas]

Unfortunately I have no access to any original documents as the Ex has them but I know we bought the property jointly and if anything happened to either of us (death) our share would be left to our children, I accept that the property has to be sold and in all fairness it doesn't bother me as it was our dream project and hence through divorce "the bubble has burst" as they say, but  I just found it hard to digest that the Ex returned from France a fortnight ago and said he'd put the property on the market, I assumed that consent from both parties would be required, maybe a contact to sign in the post would arrive but nothing at all. I'm totally in limbo thinking about it.

[Quillan]

As Another says get some help. Perhaps you might be looking to visit the house to 'retrieve some personal effects' and could take "time out" to visit a Notaire. Do you know who the property is listed with and could you talk to them? My guess is and it is only a guess, that if the original sale is documented as being in both names then it will stall at the Notaire but again get proper advice. Good luck.

[Clair]

[quote user="AnOther"]I though that had changed not so long back Clair and now it's a majority decision ?[/quote]

Indeed there has been a change, but is only affects the maintenance or repair of a property, not its sale.

[idun]

Sas, why don't you ask your notaire for a copy of your original documents? Then you will have them.[:)]

AND as your home will probably be on the internet now, why don't you contact the estate agents yourself and tell them that you are the joint owner and would like copies of all correspondence. Would help if you said that you were happy for the house to be sold at the right price, you just want informing. It is usual for the estate agent to ask which notaire is being used. And you can also employ a notaire and give them the name and address of the estate agent. Remember the purchaser pays all the fees.