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Thegonnec
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience:  11 years experience as judge at Paris Industrial Tribunal
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English couple not married, 10 years together, purchased a

Customer Question

English couple not married, 10 years together, purchased a house in France with both our names on the title deed 50/50. He paid for the property, we are now splitting up.
Am I entitled to half the proceeds from the property?
Thank you
Submitted: 4 years ago.
Category: French Law
Expert:  Nicola-mod replied 4 years ago.
Hello,

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Nicola
Customer: replied 4 years ago.

Yes please continue to search I will wait for an answer.


Thank you

Expert:  Nicola-mod replied 4 years ago.
Hello,

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Nicola
Customer: replied 4 years ago.

Ok Thanks

Expert:  Nicola-mod replied 4 years ago.
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Customer: replied 4 years ago.

Yes please continue

Expert:  Nicola-mod replied 4 years ago.
Hello,

We will continue to look for a Professional to assist you.

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Nicola
Expert:  Thegonnec replied 4 years ago.
If you are not married and if you did not pay gift tax on half of the price of the house when he paid for it, you have little ground for claim on half the value of the house. Otherwise it would have been a disguised untaxed donation whereas gift tax if you are not related runs at 60%...
Yet, depending on how the deeds were drafted, you may claim half of the capital gains if the value of the house had increased in the meantime... You should consult a lawyer or a notaire with a copy of the deeds.
Customer: replied 4 years ago.

I am sure the value has increased as we put in a pool and made a ruin into a 2 bedroom cottage. My partner had also borrowed money from me before the house was purchased, so part of my money did go into it.


I gave my heart and soul and money into the project with little help from my partner. Would these facts also contribute to me at least getting something.


Thank you


Karen

Expert:  Thegonnec replied 4 years ago.
You will have to be able to prove that you lent your partner money to purchase the house and that it was not paid back. And you can reclaim the value of any improvements you made to the house, if you paid more than 50% of them and can document it.

Regards,

T