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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1357
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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Dear Team I have been reading some of the assistance that

Resolved Question:

Dear Team

I have been reading some of the assistance that you have provided and the positive feedback.

A private solicitor does not currently represent me and therefore I am hoping that you will be able to provide me some sound financial, and family legal advice.

I separated from my wife in December 2010. We are UK citizens, both French residents, living permanently in France. We married in the UK, were married for 19 years and our divorce was decreed final in the UK in 2012. Due to the fact that we did not seek (or even know to) a financial separation order at the time of divorce, we do not have any court orders or anything formal regards XXXXX XXXXX separations etc.

I have a copy of the dissolution Decree Absolute and supporting Divorce documentation in the form of a Divorce dissolution (judicial) separation petition form (signed by my ex wife) that no financial orders or petitions were being applied for.

We have three school age children whom live with my ex wife. She does not work, claims various French benefits and I pay a very reasonable amount of ‘child maintenance’ a month, which is by way of amicable agreement. My ex wife continues to live in the jointly owned matrimonial home which is completely free of mortgage or any other loans. I moved out of the matrimonial home in December 2010, and have since purchased another home in France with my then partner (now my wife of two weeks) . The home that myself and my new wife own is mortgaged to 80% LTV, with the cash asset having been paid by my partner since I was not in a position to provide any financial assistance other than joint responsibility for the mortgage, based on my salary.

As mentioned I have recently (two weeks ago) re-married and since then my ex wife has decided to instruct a solicitor to “go after as much as she can” , though predominantly her interest is in the “matrimonial house” which we jointly own which she seems to think she will achieve 100% ownership. Previously, we sold a separate property we owned which had just £20K equity, which was split 50/50. We also cashed in an endowment, again approx. £20K equity that was also split 50/50. We had no savings to divide up, we now have separate accounts and all of this was achieved by personal agreement without the involvement of legal representation.

Some six months ago (prior to my remarriage) I suggested to my ex wife that we discuss the “matrimonial house” and draw something up, I imagined that she would want something in place before I remarried. At the time I made several suggestions regards the “house” one was that she could buy me out (should she be able to raise the funds from family members or perhaps her current partner might want to be involved), the other more assailable suggestion I made is that we wait until our youngest child is of adult age and at that time, she either buys me out or we sell the property and split the proceeds enabling us to both achieve our share of the asset, this provides her at least 10 years to plan for this eventuality. I believe that the suggestion I made is similar to that of a ‘Mesher Order’. In the six months that passed she has not come forward to discuss anything, instead, the week I remarried, she visited the UK and instructed legal representation and I am now in receipt of a letter from her solicitors asking for all of my financial information e.g. the value of my house with my new partner, whether it is mortgaged, what available equity, what savings I have, my pension information etc., etc.

Firstly, I would like to know if I am legally obligated to provide the financial information they have requested.

Secondly, do they have any legal jurisdiction over French property or would they be acting in an ‘advisory capacity’ only.

Thirdly and most importantly of all, with the information that I have provided to you, do you believe that my ex wife has grounds for being awarded 100% of our jointly owned home or is this just wishful thinking on her part. I have read hundreds of statements on line but still I am no nearer to having an idea of what is a reasonable expectation and what my actual rights are. My ex wife seems to be of the opinion that she has a good case to achieve 100% of the ownership, I on the other hand believed that all matrimonial assets were jointly owned 50/50 and since we have divided up all other assets fairly, and since the house is mortgage free and therefore a substantial financial asset, obviously I am prepared to pursue my interest in it. I imagine that her legal representation will attempt to bully me or mislead me into thinking that she has more rights, particularly since I will need to represent myself for as long as possible.

Please provide any help you can, even if only to advise my basic rights and whether I should appoint legal representation immediately. I am perfectly articulate but could struggle against legal jargon and bully tactics if they were asserted.
Submitted: 1 year ago.
Category: French Law
Expert:  T Perrin C replied 1 year ago.
1) you are not obliged to divulge any information unless ordered by a court.
2) If your children (under 18) live in France with your ex-wife all matters regarding the separation and the financial arrangements should be dealt with under French law.
3) If your former matrimonial house was purchased jointly, you are entitled to 50% of it. You may also ask your ex-wife to pay you rent on these 50% since she lives in it (and you do not).
You would be well advised to seek legal representation. As a co-owner (indivisaire) of the house, you can ask a court to order its sale whereupon proceedings would be shared.
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1357
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
T Perrin C and other French Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi.

You have answered all of my questions. I will of course seek legal representation, I just needed your advice to see where I stand.

Many many thanks
John

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