The marital home, or “family home”, is highly protected under French law. Regardless of the marital regime, the Civil Code prohibits one spouse from selling or mortgaging the home without the consent of the other, even if they are the sole owner. In a divorce proceeding, the occupation of the marital home by only one spouse, of which they are both owners, becomes a significant financial issue. The enjoyment of this home by one spouse remains free until the divorce is requested, unless the judge decides otherwise. Typically, if one spouse has not filed for divorce, the one who has left the marital home cannot seek compensation from the one who remains.
During the divorce process, the free enjoyment of the home can be granted to one spouse as part of spousal support, even if it is the personal property of the other spouse. The recipient will have to declare this occupation as alimony in their income tax return (taxable income). The other spouse can deduct it from their income. The exclusive use of the marital home – which involves an occupation fee for the occupant and excludes the other spouse from using the property – begins on the effective date of the divorce, determined by the judge or agreed upon by the ex-spouses in their divorce agreement.
As of that date, the occupation fee owed by one of the former spouses constitutes rental income for the other, which must be declared. In some cases, at the time of divorce, court decisions have assigned the family home, which belonged to only one spouse, to the other as part of a compensatory benefit, especially when the couple’s children reside there. Xaviera Favrie, a notary associated with KL Conseil, emphasizes that the management of the children’s savings accounts comes into question after a divorce. She suggests consulting with experts to navigate the complexities of post-divorce financial matters, especially when it comes to property and asset division.
Overall, the protection of the marital home is a crucial issue in French divorce proceedings. The Civil Code ensures that both spouses have rights and responsibilities when it comes to the family home, even if only one of them is the legal owner. Understanding the nuances of occupancy, compensation, and property division is essential to a fair and equitable divorce settlement. Seeking guidance from legal and financial experts can help individuals navigate these complexities and ensure that their rights are protected throughout the divorce process.
