I kept the house after my divorce and remarried: is my new husband a co-owner?

Answer by the AvoConsulte editorial team

Under Tunisian law, most likely not: the house you owned before your second marriage remains your own property. In Tunisia the default regime is separation of property; community applies only if the spouses chose it, and it does not cover real estate one of them already owned.

Are you really under community of property?

In Tunisia there is no community "without a contract": community of property is chosen in the marriage contract or later by an official deed. If your marriage contract does not mention it, you are under separation of property and each of you owns what is in your own name. If you married abroad, in France for example, your regime may be governed by that country's law, which a lawyer should settle.

And if you did choose community?

The law that governs it (the law of 9 November 1998) makes joint the real estate acquired after the marriage, or after the regime was adopted, and used by the family, excluding property received by inheritance, gift or bequest. You have owned the house since 2008, before your remarriage, so it is not part of the community.

What about repayments made during the marriage?

Repaying the loan after the marriage does not make your husband an owner. But if he paid instalments with his own money, he might one day claim back what he can prove he paid, which a judge would assess. Keep proof that the instalments come out of your account.

How to check

• if the property is registered, ask the Land Registry for a title certificate to see whose name it is in;
• check your marriage contract for the regime chosen;
• see a lawyer if your marriage or the house is outside Tunisia.

This answer was written by the AvoConsulte editorial team and gives general information only: it is not legal advice. For your own situation, consult a lawyer.

Sources

1. Tunisie : tout ce qu'il faut savoir sur le partage des biens entre époux La Presse de Tunisie