Divorce property settlement in France
The divorce, amicable or judicial, results in the liquidation of the matrimonial regime and the division of the property of the couple that separates. The notaire will assist you in liquidating the pecuniary and pecuniary interests of the spouses.
How does a notaire liquidate a matrimonial regime ?
The matrimonial regime is the set of legal rules applicable to financial relations between spouses.
Using information provided by his/her clients, the french notaire starts by making an figured and comprehensive inventory of their property and debts, if any, which constitutes their assets and liabilities.
This overview will determine each spouse's rights and obligations, because each matrimonial regime obeys its own rules.
The french notaire will clearly state the situation to each spouse to find an agreement on the division of property.
These liquidation and division operations may be planned before the divorce takes effect
If spouses want to 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.
The french notaire specializing in the matrimonial regime is able to help you establish it. When the liquidation concerns property subject to land registration , the intervention of the french notaire is compulsory (article 229 -3 of the French Civil Code).
Since February 26, 2016, in the context of litigation divorces where no amicable solution can be found, the Judge will be able to rule on both the liquidation and the division of property of the spouses. To do this, the spouses are encouraged to justify their points of disagreement either by a joint declaration that they agree that justice decides on a share, or by a liquidation project established by a french notaire.
- 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?