my father lives in france. His wife left him 9 months ago house was sold and she took 75%. Since then he bought a flat, she moved back in and they are now getting divorced. She is again claiming 50% of this second property. I live in small flat in UK, he can not come and live with me. She is bulling him and quoting her rights under French / Napolionic law and I do not know what to tell him. please help me to give the right advice. this can not be correct. She can not take 75% and then another 50% surely.??
nothing. this has happened over the week end. he is talking about coming to UK tomorrow and I am sure he should not leave his flat.
Was their first separation official? On which basis did she "take" 75% of the first house? Was it a settlement in court?Besides, did they have a prenuptial agreement? In which country did they get married, and when?
No first separation was not official. No court settlement, They did not use lawyers. SHE said that she was 75 % of the money last time and he gave it to her. This time they are getting divorced and He now says that under Napolionic law she is entitled to half of his current flat. This time they are getting divorced. No prenuptial agreement. Married in France although he is British and she is Swedish. She wants him to leave the flat and we are advising him not to move out, especially as he has a job.
Until they are separated then divorced officially, and unless they had a prenuptial-agreement, all assets, including bank accounts acquired after their marriage other than those inherited by one of the spouses from his/her relatives are marital assets. At the time of official separation, all marital assets will be divided in two equal shares. From what you wrote above this include the house your father lives in but also the money she obtained from the sale of the first house...Your father would be best advised to consult a lawyer (avocat) ASAP.His wife cannot sell his flat without his signature.
8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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