In divorce cases, the division of property can be simple… or highly technical, when the couple owns real estate, significant assets or has a specific marriage contract. In these situations, the intervention of a notary becomes essential to secure the legal operations and avoid any future litigation.
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Understanding the notary’s involvement in a divorce
The notary’s main tasks in divorce proceedings
The notary’s main role is to :
- Draw up deeds of division for real estate,
- Liquidation of matrimonial property (calculation of each person’s rights),
- Formalizing a balance,
- Secure the division legally and fiscally.
He acts as a public official, guaranteeing the validity of each act.
Difference between the role of the notary and the role of the lawyer
- The lawyer: defends your interests, negotiates, draws up the divorce agreement and, if necessary, refers the matter to the judge.
- The notary: intervenes exclusively to authenticate deeds relating to property, in particular real estate.
To be accompanied in the procedure and understand your rights, consult :
Divorce lawyer Toulon
Cases where a notary is not required
The notary does not intervene when :
- The spouses have no real estate,
- Their matrimonial regime is simple (no specific contract),
- They divorce amicably and their assets are already separated or sold.
When is the involvement of a notary mandatory?
Property division
The notary is obligatory whenever a property belongs to both spouses (house, apartment, land).
He draws up thedeed of partition or supervises the sale of the property, then divides the price between the spouses.
Liquidation of matrimonial property
The notary calculates the :
- Rewards between spouses,
- Receivables,
- Rights of each according to the matrimonial regime (community, separation of property, participation in acquests, etc.).
Sale of joint property or balancing payment
When :
- One spouse buys out the other’s share → deed of allotment + balance,
- The property is sold → notarial deed required.
Notarial processes and formalities
Drafting official deeds and documents
The notary establishes :
- Statement of assets and liabilities,
- Acts of sharing,
- Deeds of sale or allocation,
- Loan deeds if a soulte repurchase is necessary.
Referral to court if necessary
In contentious divorces, certain deeds must be sent to the court for homologation.
Coordination with lawyers and spouses
The notary works directly with the lawyers to ensure :
- The balance of sharing,
- Conformity of the agreement or judgment,
- Legal security for spouses.
Advantages of working with a notary
Legal and tax security
The notary guarantees :
- Validity of acts,
- Correct calculation of tax rights,
- Preventing future disputes.
Impartial advice on property division
His role as a public official ensures useful neutrality in delicate negotiations.
Avoiding future conflicts between spouses
Thanks to its expertise :
- Calculation errors are avoided,
- Every clause is clear,
- Everyone’s rights are protected.
Why choose our firm in Toulon for your divorce?
Expertise in divorce and real estate law
Our firm combines expertise in real estate and family law, guaranteeing comprehensive management of property divisions.
Full support from lawyer + notary
We work in coordination with notaries to secure :
- Your divorce agreement,
- Liquidation of assets,
- Real estate deeds.
Knowledge of local courts and procedures
We are familiar with the practices of the Toulon judicial court and the notary’s offices in the area, an asset that will help to streamline your proceedings.
FAQ – The notary’s role in a divorce
When is a notary mandatory in a divorce?
When a property belongs to the couple, or when a complex matrimonial regime needs to be liquidated.
What is the difference between a notary and a lawyer in divorce proceedings?
The notary authenticates the property deeds; the lawyer defends your rights and manages the proceedings.
Which properties require the services of a notary?
House, apartment, rental property, land, property acquired jointly or in joint ownership.
What to do if the spouses disagree on the division of property?
The judge may decide to appoint a notary for the judicial liquidation.
How to choose a competent notary in Toulon for a divorce?
Your lawyer can direct you to a notary suited to your situation and the nature of your assets.
