Transfer of a French Property Following a Divorce
If you own a French property and are in the process of going through a divorce, it is important to remember to add the French property in the Financial Court Order/ Consent Order so that the property can be transferred from both names to one of you only.
Once you have a Financial Court Order/or a Consent Order and a Decree absolute, the transfer of the French property can take place.
A French notaire will have to be involved since they have a monopoly over the transfer of ownership of a French property. You can usually use the notaire who dealt with your French property purchase since they would already have all the documents such as the title deed, and other documents; however some notaire unfamiliar with the effect of an English divorce on a French property may be reluctant to deal with this transfer of ownership.
Once the notaire has a certified copy of the Financial Court Order, Decree Absolute and its translations, he will start the searches. Upon receipt of the searches, the notaire will draft the deed and a date of completion can be fixed.
If there is a mortgage registered against the property, you would have to either obtain another mortgage to pay off the existing mortgage, or agree with the bank to transfer the mortgage in one name only (it is unusual for banks to accept the latter solution). This is something which must also be agreed in the Financial Order/Consent Order.
This needs to be in place before completion, otherwise the bank will not be able to accept the transfer of ownership.
French Property Legal Services provides advice and assistance on all aspect of such transfer of ownership:
• Appointing and liaising with the notaire
• Assembling the file for the notaire
• Advising you on the documents needed
• Actively chasing the notaire to speed up completion of the transfer of ownership
• Advise you on the taxes due for this change of ownership
• Reviewing and providing you with a detailed report on the deed/ acte de licitation
• Arranging for powers of attorney and assisting you for their execution
• Obtaining a copy of the signed deed so that so that you have proof of the transfer of ownership
All of the above is included in our highly-competitive fixed fee package. Please contact us for further information, or of you have any questions.
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