buelligan Posted June 27, 2009 Share Posted June 27, 2009 I have a French friend in my village who moved here several years ago with her two children (now 15 and 9). She married a divorcee here and they set up home in his house. He pays his previous partner (who also has a house in the village) money each month to support their two children (17 and 9). These children live with their mother half the week and with my friend and her husband the rest of the time. Last year he needed an operation and lost his job. During this period they could not pay his ex and a debt arose. He is working again now but even with both their wages, they cannot keep up the payments, run their home, support my friend's children and repay the debt. His ex is now insisting that they sell their home to pay her. My friend is under the impression that she (and her children) have no rights to their home. She believes that the house belongs solely to her husband (even though they have been married and living there as a family for some years). Is she correct? Under French law can she and her children be forced out of their home like this? Link to comment Share on other sites More sharing options...
parsnips Posted June 28, 2009 Share Posted June 28, 2009 [quote user="buelligan"]I have a French friend in my village who moved here several years ago with her two children (now 15 and 9). She married a divorcee here and they set up home in his house. He pays his previous partner (who also has a house in the village) money each month to support their two children (17 and 9). These children live with their mother half the week and with my friend and her husband the rest of the time. Last year he needed an operation and lost his job. During this period they could not pay his ex and a debt arose. He is working again now but even with both their wages, they cannot keep up the payments, run their home, support my friend's children and repay the debt. His ex is now insisting that they sell their home to pay her. My friend is under the impression that she (and her children) have no rights to their home. She believes that the house belongs solely to her husband (even though they have been married and living there as a family for some years). Is she correct? Under French law can she and her children be forced out of their home like this? [/quote]Hi, Your friend's rights in the house would depend on what marriage regime they adopted at the time of their marriage. If they opted for the "separation des biens", or for no contract (in which case they are automatically in the "regime legal"), then the house remains 100% her husbands: if any other regime , or adaptation of the legal regime, was taken then she MAY have acquired rights; she should consult the notaire who drew up any marriage contract. I think that where circumstances have changed like this (ie reduced income and re-marriage) the husband can apply to the courts to reduce or postpone payment; again they should take legal advice--try the CLCV "SOS juridique" it's like citizens advice (not expensive). Link to comment Share on other sites More sharing options...
buelligan Posted June 29, 2009 Author Share Posted June 29, 2009 Thank you so much for the advice parsnips! I shall pass it on.[:)] Link to comment Share on other sites More sharing options...
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