What are my rights?

[jaykay]

US citizen (widowed) with 10 year residency. My husband had bought this house with his first wife. she refused to do a contract without his knowledge. At the time they bought this house, he was dependent on her for everything because he did not speak or understand french. He was trying for 8 years to do the succession, but her family was never to be found. Now that he has passed away, they are putting a claim on the house. Do I have any rights?

[parsnips]

[quote user="jaykay"]US citizen (widowed) with 10 year residency. My husband had bought this house with his first wife. she refused to do a contract without his knowledge. At the time they bought this house, he was dependent on her for everything because he did not speak or understand french. He was trying for 8 years to do the succession, but her family was never to be found. Now that he has passed away, they are putting a claim on the house. Do I have any rights?[/quote]

Hi,

     You need to give more detail. Under what regime were they married ? Under what regime were you married? How did they buy the house (ie. indivision, tontine, or in his sole name?) What do you mean "she refused to do a contract"? Why did he need to find her family in order to arrange his succession ? Have you a copy of his divorce papers?

      Ultimately you will need to get all relevant paperwork together and find a good english-fluent notaire to advise about your rights--and he will need answers to all the above questions , and probably more besides.  

[jaykay]

they were married in California 20 years ago. she died here in France 10 years ago.. She was French. We were married in LA more than 7 years ago. They bought this house in both their names in 1999. She didn't tell him that they needed to do a contract or will when they bought this house. In fact, he didn't know that should have been done until 2 years after her death.

qhe had a mother and 3 brothers.

[parsnips]

[quote user="jaykay"]they were married in California 20 years ago. she died here in France 10 years ago.. She was French. We were married in LA more than 7 years ago. They bought this house in both their names in 1999. She didn't tell him that they needed to do a contract or will when they bought this house. In fact, he didn't know that should have been done until 2 years after her death.

qhe had a mother and 3 brothers.[/quote]

Hi,

     At the time she died (I'm afraid I assumed they divorced), the rules of succession were not as they are today. I assume that a US marriage is the same as in the UK , ie. each spouse keeps their own assets. If this is the case they would have been regarded as in the regime of "separation des biens " in France. Anything in their sole names remained their exclusive property and anything in joint names (the house) in "indivision" -ie.50/50.At that time the surviving spouse was not a reserved heir.

    It appears to me that , in the absence of any will or other disposition on her part, her estate would pass to her legal heirs. But, her succession should have been dealt with by now, so you should be able , via a notaire to trace what happened. You don't say if you have been contacted by her family--have you , and is this the problem?

   You really must consult a notaire.

   

[jaykay]

I have not been contacted by her famiy. My husband spent years trying to find them. There is one brother with w

I do have the village notaire, but he seems to be very standoffish and not sharing alot of information.

In California there is what is called community property. Everything, regardless, is shared 50/50. If one spouse dies, and there is no will, everything goes to the surviving spouse.

[parsnips]

Hi,

    The california marriage seems to be equivalent to the french "communauté universelle" where the surviving spouse takes all. You must find a good notaire (english - fluent) to confirm that the californian marriage regime will be accepted as such in france You will need legal papers of some sort describing the US regime. If you are anywhere near charente, dordogne, or gironde  PM me for a recommended notaire.

[jaykay]

Thanks for the offer, but I am in the Aude, close to Carcassonne.

But here is a new development. One of the brothers called a friend of my husbands to find out what was going on. He had his notiare with him and suggested that I use him. And that my husbands friend should convince me of this. Seems like this would be a conflict of interest.

My husband tried to use the California marriage regime, but was told that French law supercedes it.

[parsnips]

[quote user="jaykay"]Thanks for the offer, but I am in the Aude, close to Carcassonne.

But here is a new development. One of the brothers called a friend of my husbands to find out what was going on. He had his notiare with him and suggested that I use him. And that my husbands friend should convince me of this. Seems like this would be a conflict of interest.

My husband tried to use the California marriage regime, but was told that French law supercedes it.[/quote]

Hi,

  I would not think it wise in the circumstances to use the brother's notaire . Find a good,( preferably recommended by friends),english-fluent notaire and get him, in the first instance, to re-open the question of recognition of the californian marriage .

    From my researches I have found the following site where you will see that , if no definite choice of marriage contract was made in your husband's first US marriage , and he and his wife set up home in California following the marriage, then they would ;by default ,come under the legal regime of California.

"Mariage à l'étranger : quel régime matrimonial ?

 

Vous aurez le choix entre trois types de contrats matrimoniaux :

1. Si l'un de vous est français, les régimes matrimoniaux valables en France
2. Si l'un de vous est étranger, les régimes matrimoniaux de son pays
3. Les régimes matrimoniaux du pays où vous établirez votre résidence après le mariage

Vous devrez faire figurer votre choix de régime matrimonial sur votre contrat de mariage, qui devra être conforme à la loi française.

 

*****((((((((Si vous choisissez de ne pas signer de contrat de mariage, vous serez d'office mariés sous le régime légal du pays où vous choisirez de résider après votre mariage))))))*****"

    It may be that your husband was misled by the previous notaire , who may not have been aware of this (many notaires are not very good--but they will never admit to ignorance!)

     This is a very complex subject so do nothing on my unsupported advice--get a GOOD notaire ASAP.

[jaykay]

Thanks for your help. I did talk to an English lawyer this morning and before he says or recommends anything, he wants to see the file.

He says I have the right to a copy of it. I just hope this notaire agrees.

[parsnips]

[quote user="jaykay"]Thanks for your help. I did talk to an English lawyer this morning and before he says or recommends anything, he wants to see the file.

He says I have the right to a copy of it. I just hope this notaire agrees.[/quote]

Hi,

     Do not let the notaire intimidate you, they are strictly controlled and you can complain if they do not do their job properly. If you are entitled to see the dossier, then insist on it.