Montpellier Court Lets Divorced Couple Sell Home for at Least €500,000
A couple born and married in Morocco have been given a fresh chance to sell their home near Montpellier. The bank could seize the property over the husband’s debt, but the appeals court ruled out an auction and authorized a negotiated sale.
To recover 47 870,50 euros, Banque populaire du Sud began seizure proceedings in 2022 against a house in Saint-Jean-de-Védas, near Montpellier. In February 2026, the enforcement judge ordered a forced sale, with a starting price of 180 000 euros. A real estate professional, however, had valued the property at between 690 000 and 720 000 euros.
The proceedings stemmed from a bank commitment dating back to 2008. The husband had guaranteed a company’s debt up to 39 000 euros. The company was later placed in judicial liquidation, and in 2020 the commercial court ordered the guarantor to pay.
The couple challenged the seizure. Married in Morocco, they argued that they were subject to Morocco’s separate-property regime and each owned half of the house, which they had bought in 2005. The husband said the bank could not therefore force the sale of the entire property to recover his debt alone.
But the divorce judgment issued in May 2025 had established that their matrimonial regime was governed by French law, under the community of acquisitions regime. More importantly, the wife had signed her express consent to the guarantee in 2008. The court found that her signature allowed the bank to seize the jointly owned property, even after the divorce.
A €530,000 offer changes the outcome
The former spouses nevertheless submitted new documents on appeal: a property valuation, a sales mandate signed in April, and a purchase offer of 530 000 euros, accepted on 13 April 2026.
In its ruling of 20 October 2026, the Montpellier Court of Appeal found their efforts serious enough to allow them to sell the property themselves. It replaced the forced sale with a negotiated sale, setting a minimum price of 500 000 euros and a four-month deadline.
The debt and seizure remain valid. The case returns to the enforcement judge, who will oversee the sale and payment of creditors.
