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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1412
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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I am British, my husband is French/Swiss. We married 3 1/2

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I am British, my husband is French/Swiss. We married 3 1/2 years ago and nw wish to divorce amically quickly. We live in rented accommodation but own an appartment 55% me and 45% him. The appartment is occupied and the lease ends in 2 1/2 years' time. I would like to occupy the appartment.
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Thank you!
Wendy
If you want to divorce swiftly in France you can opt for divorce par consentement mutuel. This is the "quickest" way. You can do this only if you agree on all divorce related matters like sharing of assets.
Regarding the occupation of the apartment you have two main options if you wish to occupy it:
1) You can force the sale of the apartment once you are divorced and buy your future ex's share (provided the tenant does not want to pre-empt it).
2) If you future ex agrees to have you as his tenant, you can wait until the tenant's lease end to give him notice to occupy the apartment yourself.
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1412
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 4 years ago.

Thank you. Could you explain "provided the tenant does not want to pre-empt it". I understand that notice to the tenant must be in writing 6 months before the end of the lease. Also, if the property is to be sold, the tenant has the first right of offer - is this what you mean by "pre-empt".


 


 

Hello,
Yes indeed, this is what I meant by preempt. The tenant has a right of preemption, which means that he must be offer the right to buy the apartment first, at the price at which you put on the market. If you decide to lower the price, you must ask the tenant again if, at this new price, he wishes to purchase or not.