How are matrimonial assets be liquidated in case of divorce?
Published on :
19/05/2025
19
May
May
05
2025
Unlike many common law countries, property purchased after marriage with funds belonging exclusively to one spouse will remain the separate property of this spouse. Typically, the spouse acquired such funds prior to marriage or after the marriage trough heritage or gift.
Example:
When Edward and Jillian decided to move to Montpellier, a villa was purchased in the suburb. It was bought exclusively with money that Edward had inherited from his deceased mother. The property is worth 400.000 €.
Under French law, the villa belongs exclusively to Edward because it was bought with his money alone.
In case of divorce, Jillian’s contributions to their matrimonial life are irrelevant and the villa will remain Edward’s property. She will be entitled to no other compensation for participation to day-to-day marital life.
She might be able to obtain some compensation for improvements she personally made to Edward’s property, but she will have to prove she did it with her own money through bills and bank statements.
In England, the outcome could be quite different. Her non-financial contributions (homemaking, parenting) might be considered as equivalent to financial contributions and considered when sharing assets. For instance, the villa in our example could even be transferred to Jillian as compensation.
As an English speaking divorce lawyer in the South of France, Gregory HANSON help individuals coming across similar issues.
History
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How are matrimonial assets be liquidated in case of divorce?
Published on : 19/05/2025 19 May May 05 2025Firm newsFirm news / INTERNATIONAL FAMILY LAW IN FRANCE
Unlike many common law countries, property purchased after marriage with funds belonging exclusively to one spouse will remain the separate property of this spouse. Typically, t...
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Which Judge has jurisdiction in trans-European divorce cases?
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All domestic litigation depends on the jurisdiction of the “Juge aux affaires familiales”. In each French “Département” (French administrative division equivalent to a British c...
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How long does it take to divorce?
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The average duration of a divorce is about 12 months. Duration will strongly vary depending on : the location of the Court (outcome tends to be more rapid in small rural courts...
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Published on : 19/05/2025 19 May May 05 2025Firm newsFirm news / INTERNATIONAL FAMILY LAW IN FRANCE
Matrimonial assets (money on bank accounts, furniture, vehicles, former matrimonial home) and debts (rent areas, taxes due, short fall of mortgage) will be dealt with separately...
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Is representation through a French lawyer mandatory in Divorce proceedings?
Published on : 19/05/2025 19 May May 05 2025Firm newsFirm news / INTERNATIONAL FAMILY LAW IN FRANCE
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