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HUSBAND OWNS HOUSE IN FRANCE AND DONE RUNNER


nicelady123

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HI

can anyone advise pls. husband owns house in france bought in his name before marriage in 07. he has mortgage in his name. i am divorcing him. he has just disappeared. how do i stand in french law. if he sells house do i have any claim as he may here on mine
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[quote user="nicelady123"]HI

can anyone advise pls. husband owns house in france bought in his name before marriage in 07. he has mortgage in his name. i am divorcing him. he has just disappeared. how do i stand in french law. if he sells house do i have any claim as he may here on mine[/quote]

Hi,

     I take it from your post that you live in the UK in your own house. The french house (or whatever equity your husband has in it after paying the mortgage )would presumably be taken into account in your divorce settlement. As to any claim he might have on your UK home (did you already own it at marriage, or did you buy it jointly?) , you should ask your solicitor.

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If you are divorcing in France, French law would apply, so it would be highly unlikely, under the circumstances you describe, that you would have any claim on the French house. From your point of view you should initiate divorce proceedings in UK, because as I understand it under English and Welsh law all assets will be taken into account. You need proper legal advice though, because we don't know all the circumstances.

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Sorry to hear about that but advice here might not have been the right one.

I am French and my wife is British. We got married in England.

When we signed for our house in France earlier this year, the Notaire told me that "....as we got married in England, UK law will apply for inheritance, divorce etc..."

I hope this helps.

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I think the difference in ericd's case is that you were already married when you bought the house.

UK marriage is recognised in France under the Hague Convention as 'separation des biens', but that can bring complications in divorce, whereas a marriage in France, under 'commonaute universelle' is more straightforward about sharing of assets.

For inheritance, at least, the French authorities regard anything on French soil as coming under their jurisdiction, regardless of where you were married, or even where you live. Notaires don't always give the whole story, which is why it is always worth getting another opinion.

This site (in French) is useful, but it warns of complications in 'mixed' and non-French marriages, saying that these often have to be determined by a tribunal.

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