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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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Good evening Dr. Kenney,I was married with a French citizen

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Good evening Dr. Kenney,

I was married to a French citizen in 2002. At the time, I was an American residing in France. I obtained French citizenship and currently hold dual citizenship. The divorce was filed in the U.S. two years ago. My ex currently lives and works in the US, and will probably apply for US citizenship in another year. We are now residing in CA.

The issue is a house that was purchased in France. The house is in foreclosure, and although in the divorce decree my Ex promised to continue payments on the house - he has not followed through.

I contacted the banks and attorneys in France handling the mortgage. They sent me a short note stating that I was responsible for half of the debt, even if I was divorced.

The divorce decree filed in the US notes that the Ex is responsible for all debt incurred on the house. Will that absolve me from the burden of the debt?

My son is 7 years old and I plan to go back to France, hopefully within two years or so. However, I am worried about returning to France and finding myself unable to rent or purchase anything, because of my Ex's refusal to continue making the mortgage payments, even though he agreed and signed the divorce decree.

The Ex is an architect. He continues to earn substantially more than than I do. In France, I only held a part-time job when we signed the mortgage papers with the bank.

So - will a French court recognize a divorce decree of two French citizens filed in the U.S.?

Thanks in advance for your advice.
Kind Regards
christina c

Good evening, The trouble is that, from the French creditor's point of view (and French law) you will still be responsible for the mortgage on the house in France and any other debt contracted along with your ex while married.

Obtaining that your ex-husband pay for the credit as stated in the decree will be considered YOUR problem. Namely you will have to sue your ex in order to have him comply with the divorce decree... In the meantime, this will be no concern of the French creditors, and you will remain a co-debtor no matter what (and the easiest one to go after if you live in France and your ex lives in the USA...) Sorry to be the bearer of bad news.

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