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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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We have a house in France which is part of a co propriete.

Resolved Question:

We have a house in France which is part of a co propriete. Our names are XXXXX XXXXX details as Mr Jonathan Trewin epoux de Paula Mary Stacey ( my maiden name). Does this mean it is jointly owned or is it owned by my husband and I am named as his wife? If we should separate, do I have a claim on the house in terms of French Law?

Many thanks
Submitted: 3 years ago.
Category: French Law
Expert:  Nicola-mod replied 3 years ago.
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Expert:  Thegonnec replied 3 years ago.
It means that your husband appears alone on the deeds (and that he is indeed legally wedded to you). Yet what will give you a right on this property is whether the purchase of this property was funded with matrimonial assets or not...
Customer: replied 3 years ago.

His father bought the house initially 22 years ago and put the house in his name along with the details of me. The solicitor dealing with it always addressed all letters to Mr and Mrs XXXXXX. It was used by his parents as well as us. The upkeep, maintenance/repairs of the house has been paid from our joint account along with all the utility bills, tax foncieres, insurance ++ for the last 15 years. I work full time and we have 3 adult sons. I earn slightly more than him.

The original price paid for the house was approx. £50,000. It is now worth approx. £160,000.

In British law, I would be able to claim half of his assets and vice versa, which is why I am asking my right of claim. Would I have a right to claim from the increase in value as I have contributed for many years as his wife.

£160,000-£50,000 = £110,000. Do I have a claim on the £110,000?

Hope this makes sense?

 

Many thanks

Expert:  Thegonnec replied 3 years ago.
in French law you can claim half of all matrimonial assets. However, since this house was purchased by your husband's father, this is considered a personal asset and not a matrimonial asset under French law unless you have a prenuptial agreement saying otherwise (this is extremely rare).
The only claim you can have, if you can document it is to half the value of any addition which would have been made to the house and would have been financed by matrimonial income (=your income+his income since married). For the rest I am sorry, but you have no claim under French law.
You could have claimed half of maintenance and other costs + interest only if you had not been married, or if you had contributed from your own personal assets (coming from your family) to a house personally belonging to your husband to which you had had no access
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience: 11 years experience as judge at Paris Industrial Tribunal
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