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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Can a judge force the sale of a property in france as part

Customer Question

Can a judge force the sale of a property in france as part of a divorce settlement
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What other assets are there?
Clare
Customer: replied 3 years ago.

Main property is in my name and not being contested, 2nd UK property in joint names she will have that house, this has 95k mortgage on it current value £125,000 and I will pay £40K off the mortgage leaving 55k


I have 2 pensions but these are not being contested in the payout.


 


I have agreed to let her use the Lease Car for the next 2 1/2 years and pay £750 a month untill she finds a job.


 


The sticking point is the house in france which we bought in joint names and Mortgage payments ares 2K a month, house purchased for 256000 euros current value between 200,000k - 250,000 and if put up for sale could take up to 2 years to sell but she feels she should have £15K as her share.


 


I have already bought new furnature for the house she will move into and she will take some items from both main house and french house all been agreed


 


if its easier to have a quick chat please call me on XXXXXXXXXXX Regards Colin

Expert:  Clare replied 3 years ago.
Hi
I am sorry but we are not allowed contact outside of this question and answer forum.
How much is outstanding on the mortgage of the french property?
Clare
Customer: replied 3 years ago.

Around 200,000 Euros

Expert:  Clare replied 3 years ago.
Hi
How long have you lived together and how much is the equity in the property you are keeping?
Clare
Customer: replied 3 years ago.


We have been together 12 years equity in my property is approx £100K in the house she is having approx £30k


 


I had the property before we were together

Expert:  Clare replied 3 years ago.
Hi
On that basis her request does not seem unreasonable given that it is a property held in joint names
The Court can Order the sale of the property - or can give her a larger share of Uk assets instead - the question is whether you wish to run up the court costs as well
Please ask if you need further details
Clare