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Transfer of title of house following separation / divorce

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Unfotunately my husband and I have separated, and will be divorcing through the English legal system.

My husband bought our home (our primary residence) in joint names, but he provided the capital.  We will need therefore to transfer 'my half of the property' to him, or rather to remove my name from the deeds.  Has anyone been in similar position, and is it possible to do this, without him being subject to a tax bill.

Obviously we will need to find a good solicitor in France, but I would be grateful for any advice.

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There is a good article about just this in this months living france, if you have children i dont think its as easy as you might think.

But then is anything if you have children?

hope you get it sorted ,goodluck

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I am very sorry and it is a very unhappy time and I do hope things work out.  However whilst I do not know anything about the French system on divorce (or very little) I do know about the UK side having (a) gone through a divorce myself and (b) being a lawyer albeit in a differing area of the law in the UK.

Here I would not wish to comment upon the provision of the capital or indeed anything to do with the purchase of your home in France.  However if you divorce in the UK then your assets wherever are capable of being divided and in line with either mutual agreement or if you cannot agree then as a result of an order of the Judge.

As in most things it depends as to where you are either resident or normally resident etc etc and on the facts of the case.

If you are resident or normally resident in France why a divorce in the UK for there are limitation periods in the UK and in theory it could well be five years before you obtain a divorce unless of course there is agreement between the parties.

In France it is possible to obtain and within a relatively short period of time a divorce based upon no fault divorce!

My advice is to take proper legal advice and if you are thinking of divorcing in the UK then legal advice in the UK.  If divorcing in France then in France.

Finally I recently helped someone here in France in relation to her divorce their assets were in the UK in that Public Sector pensions payable in the UK and a small house here in France.  The Tribunal at Coutances ruled they were domiciled here in France having lived here for twelve years.  The law of France was then to apply.

I still think they were incorrect (The Tribunal) as their 'biens' were in the UK and indeed remained there but as I said please take independent legal advice.

I wish you well.




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