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We can't agree on funds and property
Unable to reach an amicable financial solution with ex-partner. What are my options?
I HAVE lived in France for two years, having bought a property in my name. I recently split up with my English partner, with whom I have two children.
They all live in England in her house, but visit every school holiday. My ex-partner provided furnishings for the house and transferred funds from her English bank account to my French one when finances became tight.
Sadly we are unable to come to an amicable financial solution. Would this be decided under English or French law, and what right does she have to a percentage of the property and/or the furnishings and money transferred from the UK? R.W.
Avocat and British solicitor Gerard Barron, from Boulogne-sur-Mer, said that, if you were never married and never lived together permanently in France, you cannot ask French courts to resolve these matters, as they have no jurisdiction over the mother and children. You would have to take this to the English courts, which would apply English law; however, this is probably not advisable.
Your ex-partner could sue in the French courts, as the latter have jurisdiction over you, because you live here. She might claim a contribution to the value of the property, which she would have to prove. However, if her financial contributions were essentially to the ordinary day-to-day expenses of a couple and to the purchase of furniture, she could have no claim on the property and would in fact be unlikely to be able to substantiate any claim at all.
Contributions to common living expenses are considered to be lost as soon as they are made and she would have to prove the furniture was bought in her name with invoices/receipts.
Otherwise the presumption of Article 2276 of the Civil Code (“when it comes to furniture, possession equals ownership”) will apply in your favour.