Legal Issue on house post divorce

[Freda Brown]

Approx 4/5 years ago my ex husband purchased 1/2 share of house in France with relatives.  During UK divorce proceedings the house never came into the equation, due to a few factors under UK Law.  However, have just received notice of Taxes Foncieres using my maiden name (alongwith ex name - incorrect address)  please can anybody advise, help or make suggestions on whether I am liable for this tax, why I appear on this invoice and is it likely I am on the deeds of the property too?  Alternatively do I need a lawyer who specialises in french law and if so any recommendations?

[Nick Trollope]

[quote user="Freda Brown"]

Approx 4/5 years ago my ex husband purchased 1/2 share of house in France with relatives.  During UK divorce proceedings the house never came into the equation, due to a few factors under UK Law.  However, have just received notice of Taxes Foncieres using my maiden name (alongwith ex name - incorrect address)  please can anybody advise, help or make suggestions on whether I am liable for this tax, why I appear on this invoice and is it likely I am on the deeds of the property too?  Alternatively do I need a lawyer who specialises in french law and if so any recommendations?

[/quote]

Bit more info needed, I'm afraid;

Are you living in the property?

If not, are you living in the UK or France?

Do you own another property in France?

etc etc

Essentially, most (except those on a low income) pay Tax Fonciers (which is a property-owning tax). Because you have received a TF bill, doesn't mean that you are on the title (no "deeds" as such, in France).

 

[Will]

If you were married when your ex and his relatives bought the house, then your name could well have automatically been put on the paperwork. It is very difficult to separate married couples in France for tax purposes, and notaires need to see marriage certificates etc (and have ways of finding things out, if the information is not forthcoming from you ). Multiple ownership of houses in France is a minefield at the best of times, often involving setting up a company (SCI) to own the house. Moreover, on legal documents, the wife's nom de jeune fille is customarily used rather than her married name. It is quite likely, though far from certain, that your name is on the Acte de Vente for the house too.

It does sound as if you need the help of a lawyer to sort this out - the authorities in France could, possibly, regard the fact that your 'share' in the house was not 'sold' to your ex on divorce as an attempt to avoid paying the taxes etc that are due on property transfer, and as you are obviously innocent of any deliberate attempt to deceive anybody, you need to get your interests properly looked after. If you are, unknowingly, a shareholder in an SCI, that could have tax implications in both France and UK. That's probably a 'worst case', but it's as well to know.

[Freda Brown]

Nick - Will

Many thanks for your responses - I am as green as the grass regarding anything to do with the legalities of this situation.

Living in the UK, no other properties in France and very surprised to receive the demand for Taxes Foncieres.  Divorce lawyers in UK, have no experience of this situation and I would like to be clear as possible of where I stand (and what needs to be done) before making contact with my ex and his relatives on the subject as the conversation/communication is likely to be unpleasant.

Are you able to point me the in right direction of an English speaking lawyer?

Many thanks once again.

[KathyC]

Without being facetious, perhaps you should look on the bright side. It could mean that you (partly) own a property in France that you weren't aware of. Common sense would indicate that you can't be liable for a tax on a property that you don't own or live in. Having said that, you definitely need legal advice to help you sort things out.

[Will]

I think your best bet for a lawyer will be from the advertisements in magazines like Living France, French Property News or similar. Given the full story, I am sure it will be easily resolved, but it could be opening a real can of worms.