Am in the process of selling my house that I own with my mum and my ex husband. We bought the house 7 years ago and the sale of my mums house in England paid the deposit for the house in France and she pays the mortgage each month, as it comes out of her bank account. My ex husband has only lived in the house for a maximum of 6 months and has paid nothing towards the mortgage which we can prove; I have been told by some friends that under french laws, he has no entitlement to the money from the house, is this correct or just wishful thinking???? His name is on the deeds but that was because we were still married.
Dear Merrill,
It is always difficult to comment on such matters in the absence of all the elements but as a starting observation, it is important to note that the first point to take into consideration is the content of the title deed. In your case, this would mean that, assuming that you and your ex-husband are equal co-owners on the deed, your ex-husband is entitled to half of the proceeds of the sale.
However, the above division in equal shares can be altered if one of the spouses can evidence more payments towards the property than the other and on condition that those payments cannot be construed as gifts or as a necessary expense for the household.
You therefore understand that your entitlement to the totality of the property may not be as straightforward as you may have been told. Nevertheless, the fact that payments have been issued by your Mother could help strengthen your situation.
Please note that a notaire should not be able to "rearrange" the payment of the proceeds and it may be preferable to regularise this situation (either amicable through an agreement with your ex-husband or in Court in case of disagreement) before the property is sold as you may otherwise enter a procedure which would deter potential buyers.
I hope this helps.
P.S.: Please note that SFN members are required to add a picture of themselves on their profile and I would be grateful if you could please update it in that respect. Many Thanks.