I am English, married in the uk to an Australian.We own as mme et Monsieur Bailey a house in FranceMy wife has Been in Australia for four year and we wish an amicable divorceWe can divorce easily in Australia in two parts firstly the couple is divorced instantly ...and if we agree...we do...then the money..house etc we have agreed 50/50 so no problems ...this is also ok in Australia...but the house is in joint names and we wish to sell.....do we have to change the title deeds If we divorce.. Before we sell...or can we divorce and sell as is.She has given power of attorney to her son who is in France.
Hello I am typing my answer.
The house is in joint names and you wish to sell.....
You questions are :
1) do we have to change the title deeds If we divorce ?
My answer: No. In French law, if you divorce, both of you will have to agree to sell the house. Both, of your signatures will be necessary the day of the sale of the house.
2) do we have to change the title deeds Before we sell ?...or
No. This is not at all necessary. In French law, the deeds are changed (modified) only if there is a new buyer or there is a modification of the percentage of the property that the co-owners own.
3) can we divorce and sell as is ?
Yes, this is possible. You have to make sure that the divorce decree states that the couple owns property and that this property will be divided 50/50 after the divorce. This way there iw be not problems after the divorce.
4) She has given power of attorney to her son who is in France.
This is completely legal. If the wording of the power of attorney is in accordance to the law, then her son will be able to sign the documents in her place.
In French law, you do not have to change the title deeds because you have divorced. The divorce decree will be very important when you sale the house.
In French law, the house deeds do not state Mr. and Mrs Bailey. They state, the names and details of the buyers: Mr XXX Bailey, born on .....19__, in the city of, _________ nationality, having the profession of _____________ , living at ____________, etc and Mrs YYY maden name and married as Bailey, born on .....19__, in the city of, _________ nationality, having the profession of _____________ , living at ____________, etc and that the couple is married, the date and place of marriage, if there was an antenuptual agreement, etc.... If you want to modify the deeds from married to divorce, you can. But it is not necessary because this will be in the divorce decree. You will need to provide a copy of your divorce decree when you sell the house. The house deeds for the new buyer will state that you are divorce.
Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
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