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English Divorce and French Property


bsp

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I have recently returned to live in the UK and am in the process of obtaining a divorce from my husband who has remained in France. We jointly own a french house, which we purchased as our main residence
4 years ago (we do not have any property in the UK).

(1) If this house is sold after our divorce has become final, am I still entitled to a percentage of the sale value and if so, would this be a 50/50 divide as it would be in the UK?
(2) If either party died after the divorce, but before the house was sold, would the house belong totally to the surviving ex- spouse, or would their share go to their children (we both have children from previous marriages)?
(3) What are the tax implications?
(4) Do I need a french will to deal with the french property?

My knowledge of the french language is sadly lacking and I am therefore unable to understand any of the french web pages which could possibly answer my questions. Can someone help with my queries please?

Many thanks for your help.
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Hello bsp and welcome to the forum.

Your solicitor should be able to give you specific answers to your questions.

In the meantime, these are a few articles on the matter of divorce and property abroad:

http://britishexpats.com/articles/family/divorce-from-abroad/

http://www.telegraph.co.uk/global/main.jhtml?xml=/global/2007/10/02/expat-divorce.xml

http://www.frenchpropertylaw.co.uk/articles/division_of_assets07.pdf

http://www.guardianabroad.co.uk/finance-focus/article/76

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Thank you so much for the information Clair.  It all seems so complicated and my divorce solicitor in the UK is not acquainted with french law.  I really don't know what to do next to protect my future. If money was no object, I know I could engage a legal representative in France, but I am afraid that will not be possible financially.  Such a shame that the dream has to end like this!

 

 

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I appreciate that you must consider your finances, but French avocates are not nearly as expensive as you might think. For the sake of protecting your interests could you not manage to spend out a couple of thousand euros maximum (based on what we were charged for some business done for us over about 18 months) and in the long run may be money well spent? I can recommend a good avocate, who is very understanding and speaks excellent English.
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