House in France

tigerfeet2006

This was posted on someone elses thread by Crystaltips so I thought I would post a new thread for her so it wouldn't get lost and would get some replys

House in France
Hi everyone. I just joined today and like the person on here who is over her head I am too. I have taken advice from the debt organisations quoted on here and both of them have said that BR is probably the best option. I have become practically suicidal over owing all this money and the only thing that is stopping me filing the papers is fear about my house in France.

I have a one bedroomed, half-renovated house which was owned 50/50 by my husband and myself. He died and his half under French law was redistributed between myself and our three children. I therefore own 5/8. Under French law, no jointly owned property can be sold unless all parties agree. None of us want to sell and I want to go back when I retire. I currently live with my daughter and family and have no other assets. I have searched the net for help and then came upon this site. Can anyone tell me if the OR can force the sale of this property?

I'm so glad to have found you all. I need to know that I am not alone in this as I feel so isolated and defeated about it all.

Take care
Crystal:(

tigerfeet2006

This is Backontheup's reply


I am sure that they cannot force the sale of this property - but they may want your children to buy out your half.

They are very approachable about this (I went through the same situation with my mother over a house we jointly owned - and they were very reasonable)

How much is the property worth in its current condition? If it is a half-wreck, the beneficial interest in the property might be quite low.

fermi

:eek::eek::eek: Property is complicated enough in bankruptcy when it is in this country! :rotfl:

Seriously though, any property assets/interests that you have anywhere form part of your UK bankruptcy estate. Plus you have a legal duty to cooperate with the Official Receiver regarding them.

This does not necessarily mean that the OR/Trustee can force a sale abroad, but if legal recourse is available in that country they can either take action through their courts or instruct local representatives to do so.

In particular in the EU there is apparently a "EC Regulation on Insolvency Proceedings 2000". (Didn't know that before today;)).

In France:

Land is registered locally at every town hall in a commune (the French equivalent to a local borough council). It appears that there is no central register such as HM Land Registry in England and Wales. The "Bureau de Conservation des Hypotheques" is the equivalent of the Land Charges Registry, organized on a district by district basis, and is the registry where property ownership is recorded and also where charges against a particular property are registered.

The local register is open to inspection by anyone but can only be inspected in person, enquiries are not permitted by post or telephone. The local "Mairie" and the "Cadastre", the land survey office, hold the area plan identifying plots of land and various registers regarding the ownership of the property and applications for planning permission etc. The "Bureau de Conservation des Hypotheques" is also open to public inspection but again there is no indication that this search can be done by post.

The best way to proceed when dealing with disposal of an interest in property in France is to source and instruct a local solicitor who might either act as a Notaire in France or has contacts with a French Notaire (the firm might more commonly act in the purchase of property in France for English residents). When acting as Notaire, the solicitor will need to lodge an appropriate notice against the title of the trustee's interest in the property. Following the EC Regulation on Insolvency Proceedings 2000 the French courts will recognize the official receiver's appointment as trustee in bankruptcy, which should mean that there will be no difficulty in registering a restriction. Unfortunately the trustee may still experience difficulties in realising his/her interest in the property.

In the first instance the official receiver should establish whether local solicitors can act as Notaire. If not, the following are possible suggestions, sourced from the Internet, of firms who advertise as specializing in the purchase of property in France for English residents, so will be familiar with the land registration process, including registering documents with the "Bureau de Conservation des Hypotheques". It should be remembered it is unlikely that they will be specialists in insolvency as well.

(follows list of French legal firms........ no point listing here)

I read that as the OR/Trustee in the UK can get the equivalent of a UK charging order through the French courts (I think), but they may have difficulties forcing a sale.

I think this really requires some proper legal advice either in the UK, France, or both.