Legal Question in Family Law in France

Financial obligations to spouse according to French Laws

According to French law, in regards to a divorce where everything should be split 50-50,is the wife entitled to keep the house that is already paid for if children will live with her and there is dual custody? Is she also entiled to half of all savings and a alimony payment for the next 8 years (for example)as well as child support?


Asked on 4/15/03, 11:29 am

1 Answer from Attorneys

Ronald Sokol Sokol Law Offices

Re: Financial obligations to spouse according to French Laws

The question is not entirely clear. When you say there must be a split 50-50, I assume you mean that the couple is under a community property regime. If the house falls into the community, the parties would then each own 50%. Whether the wife gets to use the house would depend upon the court order issued after the conciliation hearing. If the house is in the community, it will probably have to be sold unless the party who does not get the use of it allows the other to stay in and pay rent for its share. There is no alimony under French law. There is a "prestation compensatoire" which is paid in a lump sum or by annuity or in installments.

Ronald P. Sokol

Avocat a la Cour and Attorney-at-Law

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Answered on 4/16/03, 4:07 am


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