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What is a property adjustment order?
How property division works in France (is there a PAO equivalent?)
Applying a property adjustment order abroad or enforcing it internationally
What to do if you are getting divorced? — practical steps & issues
PacisLexis Family Law
Property adjustment order lawyer
When couples divorce or separate, one of the most difficult questions is: what happens to the property — the family home, other real estate, savings, other assets? In common-law jurisdictions like the UK, one of the tools available to courts is the Property Adjustment Order (PAO), which allows re-distribution of property between spouses or civil partners.
But what about couples who live in, or have assets in, countries like France, which follow a civil-law system? Is there a French equivalent of a PAO? Can a PAO issued abroad be enforced in France?
This article answers these questions. It defines what a Property Adjustment Order is, how it works under common law, explains how property division works in France, explores whether an equivalent order exists, and gives guidance for enforcing property-adjustment decisions across borders.
If you face cross-jurisdictional asset issues, or need help enforcing a foreign court order in France (or vice versa), Pacislexis Family Law can guide you every step of the way.
property adjustment order
What is a property adjustment order?
What is a property adjustment order?
A Property Adjustment Order is a legal order issued by a court in divorce or civil-partnership dissolution proceedings (or afterwards) that allows the court to transfer property, re-allocate property interests, or adjust ownership rights between spouses or civil partners.
More precisely, depending on the jurisdiction and circumstances, it can order:
- The transfer of property (e.g. a house, shares, bank accounts) from one spouse to another.
- A “settlement” or restructuring of property rights, for the benefit of one spouse, children, or dependents.
- A sale of jointly owned property, with proceeds divided between the parties — or sale postponed under certain conditions. (Sometimes called a “sale order” or variation of PAO.)
In short: regardless of who holds legal title (jointly or individually), the court has “wide powers to change or transfer ownership of property.”
When and why is a PAO used?
Common situations include:
- At the time of divorce, nullity or judicial separation — when property needs to be divided between spouses.
- After divorce/separation — if circumstances change (e.g. one spouse gains a better financial position, or needs to adjust property interests).
- To provide for children: property may be transferred to children or dependents under certain orders.
The PAO is part of a broader set of “financial remedy orders,” which may also include spousal maintenance, lump-sum payments, or pension-sharing orders.
Can a PAO override formal ownership?
Yes.
The court can reassign property even if one spouse is the legal owner — or change joint ownership to sole ownership for one spouse.
Can a PAO be made after the divorce is final?
Yes.
Courts often retain the power to adjust property post-divorce or judicial separation if circumstances warrant.
Does PAO apply only to the family home?
No. It can apply to any asset: real estate, personal property, investments, pensions (depending on the order type).
If you are facing divorce, separation or civil-partnership dissolution and need help securing a fair property adjustment — especially across assets or jurisdictions — contact Pacislexis Family Law. We help draft, negotiate and enforce PAOs to protect your rights.
property adjustment order
How property division works in France? Is there a PAO equivalent?
How does France handle property division at divorce?
In France, the rules for distributing property at divorce depend on the matrimonial regime (for married couples) or the ownership agreement (for cohabitants). Generally:
- Under the default regime (community of acquisitions / “communauté réduite aux acquêts”), property and debt acquired during the marriage belong jointly to both spouses; property owned before marriage or acquired by inheritance/donation remains separate.
- At divorce, spouses must liquidate the matrimonial regime: a notarial “liquidation-partage” or a judge-approved agreement divides the communal assets and liabilities.
- Only communal assets/liabilities are divided; “biens propres” (pre-marriage assets, inheritances, gifts, or assets explicitly individualised) remain with their original owner.
So rather than a court having a generic power to reassign any property like a PAO, French law relies on classification of assets (communal vs propre) + liquidation + partage.
Is there an equivalent of the PAO in France?
No — strictly speaking, France does not have an instrument legally equivalent to a PAO as in common-law systems. Instead:
- Property division is governed by the matrimonial regime and liquidation/partition rules, not by a discretionary order of a judge to reassign property at will.
- When there is an agreement, assets are divided via a notarial act (for immovable property) or a judicial approval (for divorce with consent).
- There is no general power to transfer property ownership at a judge’s discretion, except via liquidation & partition procedures.
What happens if one spouse owns a foreign property subject to a PAO abroad?
If a foreign court issues a PAO ordering transfer of real estate located in France (or other assets in France), recognition and enforcement in France is complex:
- According to French law, any change of ownership of property in France must be the result of a notarial act, a judicial decision, or an authentic act.; mere foreign court decision is not sufficient for publicity requirements.
- For real property, a French notary must “rebaptise” the transfer: draw up a French notarial deed acknowledging the transfer and register it with the land registry (publicité foncière).
So a foreign PAO does not automatically transfer French real estate — you need to complete local formalities.
If we divorce in France, can a judge “force” one spouse to transfer property to the other?
No.
French courts do not have a generic PAO power. Property is divided according to the matrimonial regime and liquidation-partage rules.
What about cohabitants or PACSed partners?
For couples not married, there is no automatic community regime — each keeps individually owned assets unless they held them in indivision or joint ownership.
Can a foreign property-adjustment order be applied in France?
Only under conditions: the foreign order must be followed by a French notarial act or a domestic judicial recognition, especially for real estate. Otherwise, French property law and publicity rules prevail.
If you are divorcing — in France or abroad — and need clarity on how property will be divided, or want to assess how a foreign court order applies in France, contact Pacislexis Family Law. We will examine your matrimonial regime, the nature of your assets, and craft a strategy to settle or enforce property division properly.
property adjustment order
Applying a property adjustment order or enforcing it internationally
Can you apply for a PAO in a common-law country if you have assets outside that country?
Yes — if:
- The court has jurisdiction over the divorce or civil partnership dissolution; and
- The foreign property owner spouses properly disclose all assets (foreign and domestic).
In many common-law jurisdictions, the courts have wide discretion to issue PAOs covering all worldwide assets, not just domestic ones — though enforcement abroad may require additional steps.
What about recognition and enforcement in a non-common-law country (e.g. France)?
Enforcing a PAO involving foreign assets in a civil-law jurisdiction poses challenges:
- Foreign judgment recognition: depending on the country, you may need to request exequatur or homologation — a court or notary in the country of the asset will need to validate the foreign judgment before registration.
- Local formalities for real estate: in many civil-law countries, a foreign court order alone is insufficient to transfer property; a local notarial or judicial act is required (as in France under article 710-1 of the Civil Code).
- Tax and duty consequences: transfers may trigger taxation (rights of transfer, registration fees, local duties) that must be handled according to local law.
- Potential challenges from the other party or third-party creditors: local courts may reassess fairness, especially if local matrimonial property law differs widely from the foreign law.
I got a PAO in the UK for my ex-husband’s share of a house in France. Is that enough to get the house in my name?
No, not automatically.
For French real estate, you need a notarial deed in France re-transcribing the transfer under French law, then register it in the land registry. Otherwise, the foreign order has no effect locally.
Are there ways to secure property rights cross-border before divorce?
Yes. Prenuptial or postnuptial agreements, estate planning, asset trusts or local property-holding companies may help. But they must comply both with the laws of the country of origin and the country where assets are located.
To learn more about postnuptial or prenuptial agreements, you can read the following articles :
What if the other spouse resists registration in France?
You may need to bring proceedings before a French court — or rely on international treaties (e.g. EU regulations, bilateral conventions) if applicable — to enforce the foreign order, then proceed with notarial formalities.
If you have a divorce abroad but hold assets in France (or elsewhere), or vice versa — and you need your property rights secured internationally — Pacislexis Family Law offers tailored support: from recognition to enforcement and formal transfer under local law.
property adjustment order
What to do if you are getting divorced: practical steps and issues
Step-by-step guide for common-law divorces involving international assets
- List all worldwide assets (real estate, bank accounts, investments, pensions).
- Disclose these assets fully in the divorce petition/financial disclosure.
- Request a Property Adjustment Order (or “clean-break order / financial remedy order”) covering desired property transfer or division.
- Once obtained, evaluate where each asset is located (domestic vs foreign).
- For assets abroad (e.g. real estate in France), engage a local notaire or lawyer to prepare the necessary deeds for transfer under local law.
- Address taxes, registration fees, and publication requirements in the jurisdiction of the asset.
- If spouse resists, prepare litigation strategy: recognition, exequatur, enforcement in local courts.
Risks and common pitfalls
- Foreign order not automatically enforceable: Many civil-law countries require local formalities.
- Delays & costs: Notarial fees, registration duties, possible litigation.
- Tax exposure: Gift or transfer taxes, stamp duties.
- Time-lapse issues: In some jurisdictions, delays in enforcement may result in complications if property is sold, mortgaged, or encumbered in the meantime.
- Dual-law conflicts: What’s fair under common-law may be seen differently under civil-law regimes (separate property, community property, etc.).
Why you should get legal advice from a cross-border family law lawyer?
Because successfully adjusting property rights across jurisdictions demands:
- Accurate mapping of assets globally
- Coordination of legal documents in different legal systems
- Mastery of local formalities (notarial acts, taxes, publicity)
- Anticipation of enforcement and litigation risks
That’s precisely what Pacislexis Family Law offers — especially when one partner lives abroad or when assets span multiple countries.
Contact Pacislexis Family Law
If you foresee a divorce or separation involving property in different countries — or if you already obtained a PAO abroad — don’t leave your rights to chance.
Contact Pacislexis Family Law for a full audit of your assets, tailored legal strategy and secure enforcement of property rights across borders.
To help you
and to care
PacisLexis Family Law
Need expert legal help for a property adjustment order?
A Property Adjustment Order is a powerful tool in common-law jurisdictions to re-allocate property at divorce or separation. But for couples with assets in civil-law countries such as France, understanding the differences in property regimes and enforcement requirements is essential.
France does not offer a PAO equivalent; property division follows matrimonial-regime liquidation, and transferring foreign court decisions requires local notarial or judicial acts.
Thus, for international divorces involving real estate or assets abroad, careful planning, full disclosure, and expert legal support are indispensable.
If you are in such a situation — or expect to be — Pacislexis Family Law is ready to assist.
Feel free to contact us for a first consultation to understand your rights and options.
PacisLexis Family Law
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