THE FATE OF THE FAMILY HOME ON DIVORCE

The fate of the family home on divorce

Le divorce involves both emotional and material upheaval for the spouses. Among these is a crucial issue: the fate of the family home.

It plays a central role in the property and practical issues involved in separation. And depending on whether it is owned, rented or occupied free of charge, the legal consequences differ.

Family housing: a concept protected by law

The family home is defined as the place where the family habitually resides and where it organises its daily life.

Legally, this property benefits from special protection, in particular by virtue of thearticle 215 of the Civil Code, which prohibits spouses from disposing of the home without the agreement of the other spouse, even if the latter is the sole owner.

Family housing and children: a determining factor

The presence of children is a key factor in decisions on family housing, in that judges often give priority to their stability by allowing them to remain in the same environment, at least temporarily.

The spouse who has primary custody of the property may be granted free or paid use of it. This is irrespective of ownership or leasehold rights.

If the home is rented: managing the lease (The fate of the family home in the event of divorce)

If the family home is rented, the rules relating to the lease differ depending on the marital status. divorce by mutual consentIn the event of a divorce, the spouses agree on what is to happen to the home as part of the divorce settlement.

Where both spouses are joint tenants, separation requires renegotiation of the occupancy rights, and in the event of divorce, one of the spouses may apply to the court for the right to use the property to be allocated to him or her. The designated spouse then becomes the sole tenant, provided that the landlord is also notified of this decision. If one of the spouses wishes to leave the property, the landlord must be notified of this decision. However, he or she is still required to pay jointly and severally liable for rent and charges until the divorce decree is issued.

Even where the lease is in the name of only one spouse, case law tends to recognise the interests of the family. The judge may therefore allocate the property to the spouse who has actual custody of the children or for other legitimate reasons, subject to compensation for the other spouse.

Where the property is owned

The treatment of the family home in the event of divorce differs depending on whether it is owned or jointly owned.

If the property belongs exclusively to one of the spouses, it will normally remain part of his or her personal estate after the divorce. However, the judge may award temporary use of the property to the other spouse, particularly if the latter has custody of the children or has no other immediate accommodation solution.

When the family home is jointly owned, there are two main solutions division of property :

-. Sale of the property The spouses share the sale price according to their respective rights;

-. Allocation to one of the spouses the property is awarded to one of the spouses. The latter must compensate the other by paying a balance corresponding to the value of his or her share.

The choice between these options can be negotiated amicably or decided by a judge in the event of disagreement.

Options after divorce (The fate of the family home on divorce)

Once the divorce If a decision is pronounced, the spouses must abide by the decisions made regarding the family home.

If one of the spouses continues to live there, he or she alone will have to pay the expenses (rent, mortgage repayments, etc.). Unless otherwise agreed or decided.

If the property is sold, the sale price will be divided in accordance with the matrimonial property regime and court rulings.

It is also possible that the ex-spouses decide to keep the joint property as a rental investment. Although this option requires a good understanding for its management.