# Division of French Property



## MichF

I’m already Divorced but without the Division of Assets. It’s a complicated set of affairs. My ex is an Alcoholic and resides a council run care home. His affairs are dealt with by a Lawyer acting for the Council to recover their costs.
A jointly purchased property in France has been sold.
An Agreement was made between my Lawyer and the Council that my Lawyer would retain all the funds until a clear Division of funds is made.
Since splitting up I have personall paid all the bills including the refurbishment of the property and arranging for Estate Agents.
My Q will be my Lawyer assumes as per U.K. Legal agreement that all funds will go to her whereas French Law states equal division - I believe.
The French Notaire is being awkward. 
Anyone have any experience?


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## Bevdeforges

The "awkward bit" is that generally speaking, division of real property, whether for a death or a divorce, falls under the rules of the country in which the property is located. (And is based on where and when the marriage took place to determine which rules apply regarding division of the property - i.e. to determine what marriage regime applies.)

If both you and your ex are resident in the UK, it may be a matter that the lawyers involved will have to work out with the notaire, based on how the property was purchased, your marital regime and a few other details.


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## MichF

Bevdeforges said:


> The "awkward bit" is that generally speaking, division of real property, whether for a death or a divorce, falls under the rules of the country in which the property is located. (And is based on where and when the marriage took place to determine which rules apply regarding division of the property - i.e. to determine what marriage regime applies.)
> 
> If both you and your ex are resident in the UK, it may be a matter that the lawyers involved will have to work out with the notaire, based on how the property was purchased, your marital regime and a few other details.


Thank you so much. We are both in the U.K., both U.K. Citizens, we went to France to a Notaire in Nice to sign the Agreement to purchase, in both names. The marriage took place here in the U.K. in 1991. I have a very good Lawyer but I was wondering what was taking so long and whether my Lawyer could demand from the French Notaire 100% of the proceeds….


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## Bevdeforges

MichF said:


> but I was wondering what was taking so long and whether my Lawyer could demand from the French Notaire 100% of the proceeds….


It might be necessary to create some sort of trust or escrow fund or account where both parts of the proceeds could be deposited, to then be split by the UK lawyers. But I'm no expert on these cross-border situations.


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## MichF

Bevdeforges said:


> It might be necessary to create some sort of trust or escrow fund or account where both parts of the proceeds could be deposited, to then be split by the UK lawyers. But I'm no expert on these cross-border situations.


Yes, that will be the case, my query is more akin to whether anyone has had a similar experience? We’re all set here in the U.K., however, the French Notaire seems to be pulling teeth about sending 100% of the proceeds to be held by my Lawyer. Best wishes. Michele


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