Real estate issues are often inseparable from family matters. Divorce, separation, inheritance or joint ownership may in particular lead to disagreements over occupation of a property, its financing, sale or division of its value.
LEGALCY AVOCATS CONSEILS handles these situations and is also able to assist with real estate disputes that do not exclusively fall within family law.
LEGALCY AVOCATS CONSEILS handles these situations and is also able to assist with real estate disputes that do not exclusively fall within family law.
The family home after divorce or separation
Separation frequently raises the question of what will happen to the family home.It is then necessary to determine each person's rights in the property, depending on whether it is community property, jointly owned or owned by only one spouse or partner.
During the proceedings, one member of the couple may continue to occupy the home. The conditions of that occupation and the issue of an occupation indemnity may then become essential.
Mortgage instalments, charges, taxes and works must also be allocated between the parties or taken into account.
The sale of the property, the buyout of the other person's rights or temporarily maintaining the joint ownership may constitute different solutions.
These issues must be considered together with the liquidation and partition proceedings.
Real estate disputes relating to divorce, separation or inheritance
Difficulties may concern occupation of the property, refusal to sell, the sale price or expenses incurred to preserve the property.The firm acts in particular where one co-owner refuses to consent to the sale or where there is disagreement over the property's valuation.
Loan instalments paid by only one spouse, partner or cohabitant, as well as works and other preservation expenses, may give rise to accounts between co-owners.
In the event of a blockage, mechanisms allowing the property to be sold or the joint ownership to be terminated may be considered.
When disagreement persists, proceedings before the Judicial Court may be necessary.
REAL ESTATE LAW FAQ
Who can remain in the family home after a separation?
The answer depends in particular on the family situation, the legal status of the home and any measures ordered by the judge.
How can I end a joint ownership when one of the owners refuses to sell?
Amicable or judicial mechanisms may make it possible to organise the sale of the property or the buyout of a co-owner's rights.
Is the firm competent in real estate law outside family disputes?
Yes. Our more than 36 years of experience enable us to assist clients in real estate law even outside family disputes, for example in matters involving leases, planning law, civil or criminal liability, co-ownership, formal completion by authentic deed or refusal to complete, etc.
Does the firm handle real estate disputes in Angoulême and Charente?
Yes. The firm assists clients in real estate litigation relating to separation, joint ownership or inheritance throughout France and in the French overseas territories.