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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1352
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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Im splitting up with my boyfriend and have questions about

Customer Question

I'm splitting up with my boyfriend and have questions about our property. I've been living with my boyfriend in our apartment in France for four years (we are both English, but resident in France). My boyfriend and I are splitting up. The apartment and mortgage are both in my name only. I paid 85% of the deposit and fees (about 87000 euros) when we purchased the apartment but we have since been paying half the mortgage and bills each. We don't have any written or legal arrangement between us. I have two issues:

1. I have asked my boyfriend to move out, but he refuses to leave the apartment. Because the apartment is in my name only - do I have the legal right in France to force him to move out, and how would I do this (police, courts etc.)? What is the cost/process?

2. My boyfriend and I agreed that if we should ever sell the property we would split any profit/loss evenly after taking back the money we originally invested. However, I want to keep the property to live in and my boyfriend wants to sell. I am happy to financially settle with him exactly the same as if we were selling, but actually keep the property myself. He won't agree. Legally can he force me to sell the apartment?

I am very grateful for any help you can give me. Many Thanks.
Submitted: 1 year ago.
Category: French Law
Expert:  N Cal Atty replied 1 year ago.
2- Because he is not on title, he cannot force you to sell. You can sue for an accounting and the Court is likely to let you buy out his interest.

1- Your question relates to eviction in France but this is not a normal landlord-tenant situation. It us more like a roommate situation with romantic complications. It is similar to a normal landlord-tenant case to the extent that the tenant usually will agree to vacate in exchange for more time and a cash payment. I do not know if it would be less expensive to pay him to leave or to retain an attorney to get him removed.

You are going to have to consult a local attorney. You can find eviction lawyers in France listed by location at
http://www.hg.org/law-firms/landlord-and-tenant-law/france.html

I hope this information is helpful.
Customer: replied 1 year ago.

Regarding my ex-boyfriend moving out, he will not accept payment. So if I must use an attorney to get him removed, could you describe the process the attorney will follow and the time it might take to complete the process. Also if possible a rough idea of the potential or minimum costs (I know you can't tell me exactly how much it might cost, but are we talking a thousand euros or ten thousand?). I ask about cost because if the fees to buy a new apartment are cheaper than the legal fees to get my ex-boyfriend removed, I would be better to sell and buy a new apartment!

Also I am having difficulty in locating an Avocat who speaks English in my area. I live near Grenoble - do you know of anyone in this area or where I might find more information on English-speaking Avocats in Grenoble?

Many Thanks

Expert:  T Perrin C replied 1 year ago.
I am sorry to disagree with my learned colleague but caselaw has it that if your boy-friend can prove that he contributed regularly to mortgage repayments, he is entitled to a compensation whether his name appears on deeds or not. This compensation is share of the present value of the property based on his contribution to the deposit and to mortgage repayments.
It may be easier to sell the apartment, but you can hardly sell it if he refuses to move... You may have to resort to a court order anyhow...
Customer: replied 1 year ago.

Thanks. The financial side is not a problem - I am happy to fairly pay my ex-boyfriend for his share of the apartment including any increase in value of the property. The issue is I want to keep the apartment to live in, but he wants me to sell (because he thinks it is "emotionally" unfair that I keep the apartment!). I don't want to sell, so he is refusing to move out to make it so difficult/expensive for me to get him removed that I will be forced to sell instead. I need to find out how difficult, time-consuming and expensive it will be to get him evicted through a solicitor or court, and some details of the process, so I can decide on the best course of action. Your advice would be greatly appreciated as no-one seems to be able to give me a clear answer on the eviction process in this situation.

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