Ex-partner is refusing to leave the family home 

– Parental responsibility T&Cs
– Financial agreements
– Regain stability and peace of mind
– Get your life back on track

It may vary:
The best advice is to try to sort things out in a friendly way.
– Speaking with a bitter tone of voice
– Ask your partner if they have an alternative solution
– Do not pay attention if your partner is putting pressure on you and try not to do the same
– Listen to your feelings when you think it’s the right time to start a conversation
– If it’s not the right time to talk, try to find another time to do so
– Seek for a family law lawyer who will advise you on your rights and duties

Here are some advice to follow when negotiating with your ex-partner:
– Think about getting some evidence regarding your children, financial situation and potentially domestic abuse.
– Keep a copy of all administrative documents
– Having a job and keeping it
– Take care of yourself
– Get an appointment with a family law lawyer

Attempt a civil and respectful conversation to clarify living arrangements and offer solutions, especially if children and parental responsibilities are involved.
Mediator Present: If emotions are high, consider involving a neutral third party to facilitate the discussion.

Yes.
Mediation can be an effective way to address disputes like your ex-partner refusing to leave the marital home. Mediation provides a structured, neutral environment to discuss the situation and work towards a mutually acceptable solution without escalating the conflict.
Mediation is a way to mend relationships when there are disagreements or when spouses don’t listen to each other anymore.
Mediation is a way to resolve disagreement as it’s confidential and helps improving communication as finding a solution to come to an agreement.
To learn more about mediation, follow the link below:

Mediation can take place when a dispute happens (expect if the mediation is required by the Court).

Domestic abuse is not limited to married couples; it’s also for partners in civil partnership (known as PACS partners in France) and even for cohabiting couples. Furthermore, a restraining order can be issued when an adult is threatened with a forced marriage.
Since the Law 2019-1480 on December 28, 2019, it is no longer a requirement for a couple to have lived together. The aim of this law is to broaden the definition of a couple and make it possible for a wider range of individuals who are victims of abuse to get a restraining order.

There are many domestic abuses allowing a person to acquire a restraining order:
– Physical abuse: Physical abuse involves the use of strength against a person without their consent. Such actions can cause pain and injuries which can be serious, permanent or can cause death.
Here are examples of physical abuse: killing, kidnapping, burning, throwing objects, threating with a bladed weapon or gun, punching, pinching, strangling, pushing…
– Sexual abuse: Sexual abuse is defined as any sexual contact with someone who does not consent to it or is incapable to consent such as the victim is under 18 years old and achieved through the use of violence, coercion, threats, or unexpected actions.
– Psychological abuse: Psychological abuse involves the use of words or actions with the aim of controlling, frightening, or isolating someone. Examples of psychological abuse include threatening, insulting, mocking, yelling at someone, criticizing them, restricting their contact with family or friends, forbidding religious practice, damaging property, intimidating, and humiliating.
– Financial abuse: financial abuse entails exercising constant financial control, potentially leading to the complete loss of an individual’s autonomy. Various forms of financial control can manifest within a relationship. This may involve one spouse taking exclusive charge of managing the joint account, having total control over the couple’s income and expenses, or even depriving the other partner of resources, forcing them to seek permission even for basic family expenses such as groceries or meals.
– Forced marriage: forced marriage is illegal in France as it’s a form of domestic abuse. Forced marriage is where one or both people do not or cannot consent to the marriage and pressure and abuse is used to force them into the marriage. This form of abuse can include pressure from relatives and family or a partner. Raisons to force them into the marriage are broad: poverty, traditions, gender gap, birth certificate missing….

To get a restraining or protection order, a lawyer is highly recommended. However, this is not compulsory.

Evidence of domestic abuse is sometimes hard to get. Unfortunately, the claimant must provide all the evidence. The claimant must prove the abuse as the situation of great danger but also the emergency!
All kind of evidence are admissible. However, there are exceptions, and you cannot get evidence unfairly, such as secretly filming a person, for instance.
Here are some examples of proves you can submit:
– Reports and complaints
– Medical certificates
– Relatives & friends’ statements
– Text messages, emails, phone calls
– If the defendant has a criminal record, it is also advisable to highlight these aspects, which may include prior criminal convictions.
Regarding domestic abuse proves must be true to get a restraining order. The family law judge will base his decision on a “bundle of evidence”.

The duration of a protection order can be extended if meanwhile a divorce or legal separation request has been filed.
The duration of a protection order can also be extended if the family law judge has been ceased for parental responsibility.

If your partner doesn’t want to separate you must file a divorce petition.
The court can order a partner to stay in the marital home and the other one to leave.

Yes!
Where a petition needs to be dealt with urgently, it’s possible to ask the court to deal with matters more quickly.
The emergency divorce petition must include the grounds.
If the judge decides that the divorce is an essential matter, the petitioner can file an emergency petition.
In France an emergency petition is a legal administrative claim. Such a petition cannot be challenged.

A divorce petition is the initial court document by which an application is made for the divorce of spouses.

There is one ground for a divorce which is that the marriage has broken down irretrievable.
In France, 2 conditions must be met:
1st: spouses are separated and are not living together anymore.
2nd: spouses have been separated at least a year when filing the divorce petition

In France there are 2 grounds for a fault-divorce:
– Marriage rights and duties violation:
Here are some examples:
– Not supporting a partner during an illness
– Not being respectful to one another
– Marriage desertion
– Serious repetitive ground

 An interim maintenance order is a document issued by the court which sets out how much interim maintenance should be paid, by whom and when, as also children’s custody.

Yes!
The court can order a spouse to remain in the marital home.
In case of a joint tenancy, there can be 2 solutions:
– Spouses’ agreement
– The court transfers the tenancy to just one partner. Family best interests are taken into account to do so.
The landlord couldn’t disagree for the transfer.

Yes!
When getting a divorce, the courts will consider different factors to try to get an outcome that meets the needs of the couple.
If a spouse is entitled to spousal maintenance, a spouse can pay it by giving a property to the one with less assets or by letting them live in the property for free.

To learn more about spousal maintenance, read the article below:

It may vary!
There are several solutions with an occupation order:
– Filing an eviction claim
– Sending a summon

Yes!
Despite your ex-partner is not the landlord, the judge can order them to remain in the house.

Yes!
The judge will evaluate the situation and both partners circumstances and assets to order one to remain in the marital home.
If needed, the partner who gets to stay in the house will have to pay an occupational rent if granted by the judge.
Most of the time, a marital home must be estimated. However, even without any estimation, the court can still have the power to order what happens to the marital home.