help,i am in a mess.

vodka66 · #1 (**permalink**) 11th March 2008, 06:56 PM

hi all.
looking for an english speaking notaire,
got myself in a right pickle.
in short met a polish/french women as a friend 4 years ago,
she was a little short of confidence,because she had no property,
so i paid for a small studio in south of france,
put her name on the deeds,even though she contributed nothing towards the cost.
the worst is still to come,she saw a lovely house in camiers,which she thought i should buy,so just to shut her up i agreed,knowing i had no chance in getting a 100% french mortgage,but horror upon horror they gave me the mortgage,unusual i know ,but her name was put on these deeds as well,
i paid all fees furnishings the lot,she paid nothing towards costs.
now the problem i have now is i want to sell up and move on with my life,
but she does not want to,she pays absolutely nothing towards any of the upkeep of these 2 properties,DOES ANYONE KNOW WHERE I STAND IN FRENCH LAW WITH THIS DIALEMA.

BEST REGARDS VODkA66

Stravinsky · #2 (**permalink**) 11th March 2008, 07:02 PM

I cant even begin to imagine how you got to the situation of putting these properties in her name.

The properties are in her name. She owns them. I'm not sure of French law to be honest, but if the deeds are in her name then I cant see what position you have.

I sure hope someone will be along who might tell you something different

vodka66 · #3 (**permalink**) 11th March 2008, 07:24 PM

sorry i should have mention both our names are on the deeds,i know i'm a soft touch,but not that silly just to put hers on them...cheers

Big Pete · #4 (**permalink**) 11th March 2008, 08:28 PM

Quote:

Originally Posted by vodka66

sorry i should have mention both our names are on the deeds,i know i'm a soft touch,but not that silly just to put hers on them...cheers

Sounds to me like she must of been one hell of a sexy woman

As it looks to me like you have given her half of everything , but i am no expert obviously , think you need to seek a solicitor pronto or hire a good hit man

Stravinsky · #5 (**permalink**) 11th March 2008, 10:15 PM

Quote:

Originally Posted by Big Pete

Sounds to me like she must of been one hell of a sexy woman

As it looks to me like you have given her half of everything , but i am no expert obviously , think you need to seek a solicitor pronto or hire a good hit man

For once, I agree with you

Bevdeforges · #6 (**permalink**) 11th March 2008, 10:19 PM

Boy, did you get schnookered! You might have some chance by demonstrating that you provided all the funds. Normally, as I understand things, he who provides the funds has the priority title to the property - unless the couple is married and under a standard "community property" contract.

Check with your consulate in France (British or American, I suspect) to see if they have a list of English speaking notaires.
Cheers,
Bev

Wils & Nance · #7 (**permalink**) 11th March 2008, 11:31 PM

Hmmmmmmmmmmmmmm ?
Maybe you should stay away from the Vodkas !
"sorry !, couldn't resist " !

seymour · #8 (**permalink**) 16th March 2008, 08:52 PM

I have been in France several years and it never fails to amaze me what happens here to men - they fall for it every time. Blackmail and engineering con tricks seem to be a past time. Given you are on the deeds I should think you can force a sale on at least one of the two properties. The French law will probably protect her for years as she will then claim she would be homeless on the other property. You are in for a long legal battle my friend - you may be better off just negotiating - it could be a lot faster and less stressful.

trizzy · #9 (**permalink**) 27th March 2008, 01:17 PM

This is a terrible mess. I would suggest you look in 'page jaunes' to find a large company city based of notaires, book your appointment and ask them to arrange a translator. This is necessary as the situation is complicated. My own notaires arranged an approved translator for me when things were just too difficult to understand, and french law is very differant from that in the UK. You may find now that you cannot force the sale unless she agree's to the properties being sold. If you want to keep the properties and just have her name removed from the deeds you will find that its also alot more complicated than in the UK, as you will have house purchasing tax to pay a second time for a property that you originally owned.............i did this bit myself a year ago and thought this was completely unfair but cannot be avoided. Even if you try and reach an agreement with her to try and save costs, it will be a long and drawn out process as you will still have to use a notaire............good luck

giantpanda · #10 (**permalink**) 2nd April 2008, 09:05 AM

Hi!

I can not recommend you an English speaking Notaire.But really what you are looking for is a French local lawyer.

It seems that you are in " indivision " with her.
This is a situation which one should always avoid.

No in France , nobody is compled to stay in " indivision ".

But that requires that you go to court, and that this court statutes if the house can be sold, and how the split is to be made.

This can take at least 2 years.

In fact your matter is a little more complicated than you think, relative to the way the house was purchased, because if it was only put in her name, you "could say" then there was a prior donation of the funds to her ( subject to 60% donation tax ). Lawyer will be able to answer that.

Yours,

giantpanda