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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1343
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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My husband (age70) has left me(age69) after 29 years of marriage.

Resolved Question:

My husband (age70) has left me(age69) after 29 years of marriage. Our only property which is in France, is jointly owned. I am remaining in France, he is now domiciled in the UK where he is living rent free in his stepmothers flat. His pension income is around £16K and mine is £10.5K. We have owned the house in France since August '03 and I have lived there all year for the last 5 years and he has been there approx 4 months per year. In those 5 years he has contributed very little financially whilst I have spent £150K of my inheritance on building improvements and expenses, leaving me with savings of £22K. He will inherit a six figure sum when his stepmother dies. He has agreed to pay me around £40K from his share of the net proceeds of the house sale as his share of the building works plus a proportion of expenses over the last 5 years. Can I claim maintainence?
Submitted: 1 year ago.
Category: French Law
Expert:  Clare replied 1 year ago.
HI
Thank you for your question.
I shall do my best to assist but do need some further information first.
Do you intend to issue divorce proceedings under French or English Law?
Claire
Customer: replied 1 year ago.


Divorce proceedings have been applied for under French law

Customer: replied 1 year ago.


French law

Expert:  Clare replied 1 year ago.
Hi
Then I shall opt out and Transfer you to the correct section.
There may be a little delay but please be patient - my French colleagues are well worth waiting for
Claire
Customer: replied 1 year ago.


Thank you

Expert:  wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy
Customer: replied 1 year ago.


please cancel the question

Expert:  T Perrin C replied 1 year ago.
You can claim prestation compensatoire (maintenance) only if you can show that before you separated, your husband's income contributed to a higher standard of living than that you can afford since you live alone. Your husband's moneys (and yours) coming from inheritance do not come into the equation as they are deemed to be part of each spouse's own personal assets.
What you need to check, and document, is whether the £40K he offers to pay correspond to half of the actual expenses you had to undertake with funds coming from your inheritance to maintain and embellish the house before you separated.
Customer: replied 1 year ago.

Does this mean that the assets I spent on general living expenses are not taken into account at all despite the fact there was no contribution from him over the 5 years when we lived as man and wife in France even though his income was greater than mine. Would the situation before I moved to France when I he was contributing to a much higher standard of living than it is now be taken into account? Also it was my money which enabled him to live and continue his business in the UK which I was a partner in and have now lost the income from

Expert:  T Perrin C replied 1 year ago.
This would have to be argued in court, but from what you have written above, no serious forecast can be given on the outcome of the proceedings. The judge will determine his position based on the expose made by both parties of the financial workings of your marriage.
A very detailed study of your matrimonial finances would be necessary and one would suggest that you consult a lawyer ASAP. He/she will help you gather all the elements of proof which will be requested by the court.
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1343
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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