Some Notaires are pure gold, you are lucky that yours falls in that category. (does this one speak English - now I am confused)
Yes she does Stella, why are you confused?
Good grief - Silly me.
I thought you were the Original Poster, asking for my help.
I couldnât figure if the âhelpfulâ Notaire was the one where her house is, or one in the Lot where she is staying.
Hence my reply.
Please blame my confusion on the extreme heat.
(and yes, you can call on me sometime. )
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Hi Jennifer
French law is very clear. In your circumstances, where you both are recorded as joint owners of the property, you each get 50% of the value of the house, no more; no less.
If you decide that divorce is the next step, the Family Court will make a ruling to this effect. However, you have to either a] sell the house, so there can be no argument over the value of it; or b] accept a formal valuation. Valuing property in France is not an accurate science, so the best you can do is get three valuations and agree with your partner that you will both agree to accept the average of all three.
This must be the immobilierâs assessment of the actual realisable price - not the asking price. This already appears to be a problem in your case, as the asking price you are working with, you say the Agent has advised, is too high.
If your partner wishes to stay in the house, he must buy out your 50% share. Thatâs the law.
All notaireâs give free and unlimited advice. They make their money from handling the sale in due course - very different from the UK. However, if you decide on divorce you will need to consult an avocat for advice on your circumstances. The first âinterviewâ is free, so you need to be clear exactly what you want to know.
Good advice, Michael!
I would like to add for Jennifer. Do you have a translator app? Whenever I have important questions to ask, or need to present a thorough explanation, like to a doctor, I always write it out in English, then translate to French, and present that info. Iâm always worried that Iâll get nervous and forget something. The French are always very grateful that I do this, because not only do they have something comprehensible to read right away, but they can also keep it permanently in a file, good for me.
My French is pretty good, so Iâm always having to make some corrections. But, even if you canât do that, itâs a start.
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You say your partner has made you a stupid offer. Can you tell us how much?
Sounds like good advice to get a range of Price Estimates and see how 50/50 of that goes. At least you will know what figure you are aiming at.
Without knowing eactly what the legal relationship is between you and your former partner, how the title on the property is documented it is not possible to provide any sort of advice.
You have to have advice from an Advocat, a Notaire is no good as they only handle non-contentious issues. That is the place to start from.
Hello Jennifer, I am a French advocate who deals with English speaking clients like you. Iâve seen your message and it looks you are stuck in a situation where you have no other choice but to knock at your local family division, in front of Limogeâs court. I am sorry to say that Notaire would only give you neutral advise (because they must remain neutral by trade). You have to force him to either buy you out or sell the property, and this is something your ex-to-be-partner decides not to do, unless obliged by the court. Your first and urgent step is to get the house valuated by at least three real estate agencies. Do you have access to the property still? If not, the judge can allow this and much more. Iâll tell you more about your situation if youâd be willing to contact me. Bon courage!
Philippe PĂ©joine (reads page 1)
Avocat
16 bis cours du Maréchal Juin
33000 Bordeaux
T: 0674284766
Courriel: philippe-pejoine@wanadoo.fr
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Hello Philippe - youâve been quiet for a long time. Glad you have chimed in now.
Would the Notaire mention the âFamily Courtâ as a possibility, do you think? Even though it would be something they could not handle themselves.
thanks for that! Have not yet been to the Notaire, so will change my plans!
Regards
Jennie
Hi Sandra, quiet but busy, very busy.
Yes of course the Notaire would mention the court option, but since he would probably act on behalf of both vendors (unless they each take their own notaire), he would certainly not advise one against the other.
The situation may be that one could be entitled to more than 50% of proceeds, even though the deeds stipulates a 50/50 ownershipâŠ
Hence the choice to go for an advocate and assess who should get what under the applicable Law (probably U.K. Law!)
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Thanks Philippe.
Itâs good to know that the Notaire would, indeed, tell them about the Court option.
Here on the forum - we are certainly not experts (most of us) and often we suggest folk visit - the Mairie - the Notaire - the Gendarmes etc etc to have a chat and get an idea of where one stands etc.
So that still holds good. phew 
In what circumstance should we advice folk to seek out an Avocat straight away ??
Stella, most Notaire would hardly play the game since going to court would delay a potential sale of the jointly own property, from which they would take their fee. I have been working closely with a notaire for a decade now (Me Jean-Philippe LOUTON, based in Eymet - Dordogne), we work together in a very complementary way, knowing that one would need the other at different steps of the sale process. I would strongly recommend people to go and see an advocate straight away when the situation seems to be blocked.
OK⊠Avocat as a first step, in a really contentious legal situation.
cheers