Pads Posted May 26, 2011 Share Posted May 26, 2011 I have a friend who had his own house in France after he was married his much younger wife ! persueded him into selling it and buying another place , she unknow to him at the time but he now knows brought the house in her maiden name only hence cutting him out of the sale, she says it was to protect her kids by him ( the only one's she has) from the 2 other children he has from another marriage , He dosnt speak french so had no idea what was going on around him.... She is fluent but not french ... Was it legal to use her maiden name even through she was married at the time ? Where does this leave him now divorce proceeding are very soon about to start ? They are not french resident , this is currently a second home , although they are about to lose there only home in GB Link to comment Share on other sites More sharing options...
Clair Posted May 26, 2011 Share Posted May 26, 2011 Pads, Take your friend to a avocat ASAP.Off the top of my head and without any examples to confirm, I think there is a way to disprove her claim, as the funds used to purchase "her" property would have come from the sale of "his" property.Unless she contributed financially, I believe her claim the the property can be successfully argued. Link to comment Share on other sites More sharing options...
idun Posted May 26, 2011 Share Posted May 26, 2011 My maiden name is used on everything in France, women never lose their maiden name, ie with the CPAM, everything I send in is clearly marked with my maiden name and in brackets (epouse Idun). Our tax forms are marked like that too. All our house things were marked as such too, only in our case, then both our names are on all these forms. Legal advice immediately hein! Link to comment Share on other sites More sharing options...
Pads Posted May 26, 2011 Author Share Posted May 26, 2011 Thanks guys , he is talking to a laywer in the GB at the mo but he has no knowledge of french law , I wanted to get some facts before talking him into going to a french lawyer...Thanks for your advice... What I really need to know is if its legal to buy a place and not tell the notaire that you are married ? Link to comment Share on other sites More sharing options...
parsnips Posted May 26, 2011 Share Posted May 26, 2011 [quote user="Pads"]I have a friend who had his own house in France after he was married his much younger wife ! persueded him into selling it and buying another place , she unknow to him at the time but he now knows brought the house in her maiden name only hence cutting him out of the sale, she says it was to protect her kids by him ( the only one's she has) from the 2 other children he has from another marriage , He dosnt speak french so had no idea what was going on around him.... She is fluent but not french ... Was it legal to use her maiden name even through she was married at the time ? Where does this leave him now divorce proceeding are very soon about to start ? They are not french resident , this is currently a second home , although they are about to lose there only home in GB [/quote]Hi, It is not uncommon in France for married women to use their maiden names and has no legal significance. As has been said he should get an avocat for the divorce, but should also see the notaire who dealt with the purchase to see how the house was bought ie. "en indivision" or some other way , if so in what proportions, and if in the wife's sole name , how was it possible to do that without his knowledge? The notaire is legally bound to ensure that all parties to an Acte understand what they are doing. He should ask the avocat if he has any possibility of getting compensation from the notaire . He should also try to put together paperwork --bank statements etc. to show that it was his personal money that financed the sale (did they marry in england?-if so their estates are regarded as separate in France).Edit; I just read your second post. I'm sure it would be illegal to not disclose that you're married when buying in France . Lying to a notaire for gain is probably a serious criminal offence, and your friend should inform his avocat. What I don't understand is how she could use his money without the notaire noticing --did she pay cash?.... I don't think that's possible. Link to comment Share on other sites More sharing options...
Pads Posted May 26, 2011 Author Share Posted May 26, 2011 Many thanks I will relay this to him and see where he can go forward from here .... Link to comment Share on other sites More sharing options...
ChezTinns Posted May 26, 2011 Share Posted May 26, 2011 Hi Pads, yes I can confirm that my maiden name was used on our house purchase. However, we did use a UK solicitor (as well as the French Notaire) just to help us as we were very nervous about doing the right thing. The UK solicitor is a specialist in french property and was very helpful. PM me if you want his details, he was recommended to usJT Link to comment Share on other sites More sharing options...
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