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27/06/2009, 7:26 buelligan Joined on 01/02/2009 Posts 425 Property rights to marital home I have a French friend in my village who moved here several years ago with her two children (now 15 and 9).  She married a divorcee here and they set up home in his house.  He pays his previous partner (who also has a house in the village) money each month to support their two children (17 and 9).  These children live with their mother half the week and with my friend and her husband the rest of the time.  Last year he needed an operation and lost his job.  During this period they could not pay his ex and a debt arose.  He is working again now but even with both their wages, they cannot keep up the payments, run their home, support my friend's children and repay the debt.  His ex is now insisting that they sell their home to pay her.  My friend is under the impression that she (and her children) have no rights to their home.  She believes that the house belongs solely to her husband (even though they have been married and living there as a family for some years).  Is she correct?  Under French law can she and her children be forced out of their home like this?   Fear grows in darkness; if you think there's a bogeyman around, turn on the light    Report

28/06/2009, 12:47 parsnips Joined on 28/08/2008 Posts 434 Re: Property rights to marital home  buelligan wrote: I have a French friend in my village who moved here several years ago with her two children (now 15 and 9).  She married a divorcee here and they set up home in his house.  He pays his previous partner (who also has a house in the village) money each month to support their two children (17 and 9).  These children live with their mother half the week and with my friend and her husband the rest of the time.  Last year he needed an operation and lost his job.  During this period they could not pay his ex and a debt arose.  He is working again now but even with both their wages, they cannot keep up the payments, run their home, support my friend's children and repay the debt.  His ex is now insisting that they sell their home to pay her.  My friend is under the impression that she (and her children) have no rights to their home.  She believes that the house belongs solely to her husband (even though they have been married and living there as a family for some years).  Is she correct?  Under French law can she and her children be forced out of their home like this?   Hi,       Your friend's rights in the house would depend on what marriage regime they adopted at the time of their marriage. If they opted for the "separation des biens", or for no contract (in which case they are automatically in the "regime legal"), then the house remains 100% her husbands: if any other regime , or adaptation of the legal regime, was taken then she MAY have acquired rights; she should consult the notaire who drew up any marriage contract.        I think that where circumstances have changed like this (ie reduced income and re-marriage) the husband can apply to the courts to reduce or postpone payment; again they should take legal advice--try the CLCV "SOS juridique" it's like citizens advice (not expensive).    Report

29/06/2009, 8:26 buelligan Joined on 01/02/2009 Posts 425 Re: Property rights to marital home Thank you so much for the advice parsnips!  I shall pass it on. Fear grows in darkness; if you think there's a bogeyman around, turn on the light    Report

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