nicelady123 Posted June 23, 2010 Share Posted June 23, 2010 i am divorcing my husband in uk.he has a house in france in his namehe was single when he bought ithe has never as far as i know told them he got married.do the mortgage co need to know or not.i want nothing to do with this house. Link to comment Share on other sites More sharing options...
parsnips Posted June 23, 2010 Share Posted June 23, 2010 [quote user="nicelady123"]i am divorcing my husband in uk.he has a house in france in his namehe was single when he bought ithe has never as far as i know told them he got married.do the mortgage co need to know or not.i want nothing to do with this house.[/quote]Hi, I think that if your name was not on the mortgage or the house purchase, and as you are presumed to be married under "separation des biens", the mortgage co. would have no claim on you. You should,however, contact www.notaires.fr for advice. Link to comment Share on other sites More sharing options...
Pickles Posted June 23, 2010 Share Posted June 23, 2010 [quote user="nicelady123"]i am divorcing my husband in uk.he has a house in france in his namehe was single when he bought ithe has never as far as i know told them he got married.do the mortgage co need to know or not.i want nothing to do with this house.[/quote]From your previous thread http://www.completefrance.com/cs/forums/2126544/ShowPost.aspx I think that what you are saying is that there is a mortgage secured on the French house - which I assume is from a French bank. As far as the French bank is concerned, your husband is solely responsible for paying the mortgage and if repayments are not kept up then it would eventually force a sale, with any profit from the sale after costs and paying off the mortgage going to your husband (and likewise any remaining debt being his sole responsibility). If you feel that there is significant equity in the house - ie that the value of the house minus the mortgage is a substantial sum, then you might want to ensure that in your UK divorce financial settlement the French house is listed as an asset of the marriage - along with whatever funds or income is servicing the mortgage ...However, unless and until you make a claim in the UK court for a share of the French house, as far as the French authorities and French mortgage provider are concerned, you have no stake in the house and no liability in respect of it. Thus at present if your husband were to sell the French property (before you have a divorce financial agreement in place), he would not need your permission and in France he could receive the net proceeds of the sale without reference to you.What are you trying to do?RegardsPickles Link to comment Share on other sites More sharing options...
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