What happens to matrimonial assets and debts after divorce?
Published on :
19/05/2025
19
May
May
05
2025
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 from the divorce proceeding.
If there is no agreement on liquidation of matrimonial assets between spouses, the dispute will be settled by a Judge.
In a mutual consent divorce the assets must be liquidated before the Judge can pronounce the divorce.
In all the other form of divorce (for example: divorce for fault, divorce for separation for more than two years) the liquidation of matrimonial assets can be ordered by the Judge sometimes many years after the divorce is pronounced.
If the ex-spouses do not agree on the fate of the former matrimonial home, it will be sold during a court auction, usually at a price far below the market price.
To avoid this, it is preferable to reach an of out of court agreement.
History
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Can a French bank obtain repayment of unpaid mortgage from a debtor residing in another EU country?
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The practice is frequently questioned by real property owners in France facing difficulties to repay a mortgage signed with a French bank. Under French law you cannot just “giv...
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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?
Published on : 19/05/2025 19 May May 05 2025Firm newsFirm news / INTERNATIONAL FAMILY LAW IN FRANCE
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?
Published on : 19/05/2025 19 May May 05 2025Firm newsFirm news / INTERNATIONAL FAMILY LAW IN FRANCE
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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What happens to matrimonial assets and debts after divorce?
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...
