Divorce and "en tontine"

How do I stand here? My husband and I purchased our main residence in France 1990 "en tontine"then in 2004 we decided to have a marriage contract and signed a contract of marriage universal. In the marriage contract was inserted various properties and a couple of parcels of land that were in my name only, so becoming joint. The property we purchased tontine was not mentioned. Then in 2014 we divorced and ever since the ex is pushing me to sell the main residence that I’m living in. Other properties and some parcels of land have been sold and the notaire has blocked the matrimonial funds until the partage is concluded.He has taken me to court and the judgement was to sell at auction. However,on reading the papers presented to the court his advocate nor my advocate have mentioned that the property in question was purchased “en tontine.” So in conclusion as neither of us have specifically revoked the tontine clause, how do we stand ? Should the courts rectify the judgement?

Hi Jacqueline and welcome to the forum.

I am wondering if you might not be best advised to speak with your Notaire.

Since nobody has mentioned tontine throughout these proceedings … perhaps the later paper work overthrew the tontine… perhaps not. Perhaps your Notaire is unaware of the original tontine…

If you raise the query without delay … officially… via your Notaire… I would think it will have to be addressed one way or another.

a very interesting thread here from SF which could answer your question:

The final words in the OP say

“Finally, if a tontine clause has already been included in the title deed, it is still possible to cancel it provided that all co-owners agree to it.”

Bonne chance
is @Guillaume_Barlet-Bat still around?

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Yes I read it some while back thanks. As I said neither of us have revoked the clause,there is a charge to the land registry to remove the tontine clause from the registered deeds…

I have contacted the notaire that the court instructed to manage the partage of divorce and await a reply. He is not the notaire who did the property purchase en tontine.

How about the Marriage Universal contract… which Notaire did that… and can he/she clarify things…

if not… I guess you simply have to wait for a reply from the Notaire appointed by the Court…

@Guillaume_Barlet-Bat is excellent and trusted… might be able to give some advice…