Can my ex not conform to our divorce judgement?

Legal Advice
1

My ex-partner has lived in our apartment for 15 years since our divorce with the condition that we will sell if I am no longer employed.
This is now the case but they tell me that they intend to remain in residence for 2 more years - what are my rights in this situation? - can the divorce decision be changed retrospectively under french law?
Thanks in advance

2

Hi, welcome to Survive France.

I think you probably need to tell us more about what’s happened up to now, please, if you want advice.

3

Go and see a notaire.

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4

Ta, that’s what I was thinking.
Much obliged, evryone.
x

5

Look up your local bar association to see whether they have any pro bono sessions coming up (permanence), make an appointment and get at least some preliminary advice from an avocat, preferably one specialized in droit de la famille. If you can, take a copy of the French divorce judgment with you, as this should provide the detail of what was decided or agreed by the parties and validated by the court.

6

I would suspect this is now a tenant vs landlord dispute and not a divorce issue. And I wouldn’t be surprised if you had to go through the eviction process step by step.

7

Depends on the prior contract I would have thought, notaire territory

8

Everyone’s right here. Ricepudding has nailed best steps. Depending on what the divorce agreement said and if any protections in it still apply after this elapsed time is No.1. As Ricepudding says avocat best to access first if you can.

If any protections in the divorce agreenent don’t help you due to elapsed time or perhaps statutory changes meanwhile then as alzero says you are looking at whatever law covers landlord-tenant type stuff. Which is likely to make it much harder.

I found it interesting that they are saying they only need 2 years. As it would take you a big chunk of that same time length, to get them out if legal force could get them out. As well as costs and unpleasantness and stress. Let’s hope they have not accrued rights similar to “sitting tenant’“ in the UK. Which is why a lawyer would be your first best stop to establish if you can rely on the original divorce agreement and then know the next steps for least cost and stress

IANAL and some on here are.
Would be very interested to know what advice you get.

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