Divorce property settlement in France
Divorce signifies the end of the matrimonial regime and the division of the assets of the separating couple. The french notaire will help you in the liquidation of the spouses' financial assets or whenever there is a property.
How does a notaire liquidate a matrimonial regime ?
The matrimonial regime is the set of legal rules applicable to financial relations between spouses. This set of rules has a great influence on how the assets of each spouse was formed during the marriage . All about the matrimonial regime
Using information provided by his/her clients, he/she starts by listing their property and debts, if any, which constitutes their assets and liabilities. The notaire then establishes each spouse's rights and obligations over the assets and liabilities. Lastly the notaire tries to reach agreement between the clients over the division of their property and debts.
Everything must be studied and calculated so that each spouse can start his/her new life with a clear, well-established situation. There must be absolutely no going back.
These liquidation and division operations may be planned before the divorce takes effect
This is what happens with the divorce by mutual consent without a judge. The spouses' agreement, drawn up by a private deed signed by a lawyer, must imperatively include the liquidation of the matrimonial property regime, if necessary in the authentic form before a notary when the liquidation concerns property subject to land registration (article 229 -3 of the French Civil Code).
Since February 26, 2016, it is also possible in other procedures. The judge's power- sharing have been expanded in order to expedite the procedure. Now as the introduction of the divorce proceedings, the spouses can apply for the division of their property if they justify continuing disagreements. They must provide either a joint statement of acceptance of a legal sharing out the points of disagreements between them, a project of liquidation of the matrimonial regime and training lots to share up by the notary appointed conciliation.
- I separated from my companion, we were neither married nor pacsés; we had acquired an apartment up to 65% for me and 35% for her. Can I buy back his share and benefit from the 2.5% registration fee?
- Je me sépare de ma compagne, nous n’étions ni mariés ni pacsés ; nous avions acquis un appartement à concurrence de 65 % pour moi et 35 % pour elle. Puis-je racheter sa part et bénéficier des droits d’enregistrement au taux de 2,5 % ?
- I have been separated from the body and property of my husband for several years. We each have children from another union. Who inherits in case of death of one of us?