The division of real estate after a divorce is a decisive step: shared house, apartment, rental property, real estate debts… Each decision influences the financial stability of the ex-spouses. Understanding the legal rules, the possible options and the procedure to follow can help avoid disputes and ensure a fair distribution.
For an overview of the family rules applicable in the event of separation, please consult our page Family and personal law :
Understanding property division in the event of divorce
General principles of property distribution
Sharing depends mainly on :
- Matrimonial regime (community, separation of property, joint ownership),
- The nature of the property (acquired before or during the marriage),
- Everyone’s financial contributions.
Under the reduced community of acquests regime, assets acquired during the marriage are shared equally, unless proven otherwise.
The difference between amicable and contentious divorce for assets
- Amicable divorce: the spouses agree on the division, which is often advisable to avoid costs and delays.
- Contentious divorce: the judge decides in the event of disagreement over the house, its value, distribution or financing.
To better understand the types of divorce and choose the right procedure, you can consult :
Divorce lawyer Toulon
Role of the judge and the court
The judicial court intervenes when :
- No agreement is reached;
- A spouse contests the valuation of a property;
- A judicial liquidation is necessary.
Types of goods concerned
House and apartment
Family housing is often at the heart of tensions:
- Main residence,
- Second home,
- Home acquired in joint ownership.
Rental properties and real estate investments
Rented properties (apartments, commercial premises) must be valued according to :
- Market value,
- Rental income,
- Any charges or work.
Mortgages and real-estate debts
Sharing also covers :
- Current mortgages,
- Bonds,
- Tax liabilities related to the property.
Stages of property division
Property inventory and valuation
The first essential step:
- Mission of an expert or real estate agent,
- Analysis of the local market in Toulon,
- Calculation of net worth (value – debts).
Amicable agreement between spouses
The agreement enables :
- Reduce lead times,
- Avoid costly and time-consuming litigation,
- Secure transmission or distribution.
Judicial decision and judicial liquidation
In case of disagreement :
- A notary is appointed to draw up the liquidation statement,
- The judge validates or settles contentious points.
Sharing options
Attribution to one of the spouses
One of the spouses may keep the property by paying a balance to the other.
This solution is preferred when :
- One wants to stay in the apartment,
- The situation makes it possible to finance the buyback.
Sale and price sharing
If no agreement is possible, sale is sometimes the only option.
Advantages :
- End of indivision,
- Balanced sharing of proceeds.
Financial compensation or balance
The balance corresponds to the financial difference owed to the other spouse to compensate for the value of the property retained.
The lawyer’s role in property division
Legal advice and procedure security
The lawyer will help you :
- Understand your rights on each property,
- Anticipate tax impacts,
- Avoid mistakes (under-valuation, hasty separation, etc.).
Negotiating and drafting agreements
Its intervention enables :
- To reach a balanced agreement,
- Secure every clause,
- Avoid subsequent disputes.
Document management and court filing
The lawyer accompanies all the steps:
- Discussions with the notary,
- Preparation of settlement documents,
- Follow-up of the case before the Toulon judicial court.
Why choose our Toulon office?
Expertise in divorce and real estate law
Our firm is regularly involved in complex property divisions, whether in an amicable or contentious divorce.
Personalized support every step of the way
We adapt our strategy to :
- Your financial situation,
- Your wealth objectives,
- Property configuration.
Knowledge of local courts and procedures
Our knowledge of the Toulon real estate market and the Toulon judicial court means we can secure every step of the sharing process.
FAQ – Property division Toulon divorce
How is real estate divided after a divorce?
Through an amicable agreement or a court decision in the event of disagreement.
What assets are involved in the division?
Houses, apartments, rental properties, land, real estate debts, mortgages.
Can the joint home be sold without the other spouse’s agreement?
No, unless authorized by the court in the event of a blockage.
How is the balance calculated?
According to the net value of the property and the rights of each party.
Do I need a lawyer to secure the division of real estate?
Yes, especially if there are major financial issues or disagreements.
