attribution se fera avec d'indemnité d'occupation lors...
English translation: award to be made with mesne profits/an occupation charge/ during...
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| 09:59 Aug 17, 2010 |
| French to English translations [PRO] Law/Patents - Law (general) / ordonnance de non-conciliation | |||||||
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|  Selected response from: Adrian MM. (X) Local time: 01:24 | ||||||
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| attribution |
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| indemnité d'occupation |
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Answers
10 mins confidence: 
occupancy payment Explanation: I thnk it means that on division of the property, the fact that she has been able to continue to live in it will result in a pro rata payment (by her) offset against her share of the joint assets. But there might be a more usual way of saying that. |
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6 hrs confidence:
the property is assigned to Madame X with occupational rent to be paid to her spouse while... Explanation: Hello, First of all, I don't believe there is any "d" before "indemnité". It should just read "attribution se fera avec indemnité d'occupation" I think this is an "occupation rent", which a monthly amount paid to the spouse who has left the family home. In this particular case, the wife has to pay this to her husband until property disputes have been settled. "When the proceeds of sale are realised there will have to be equitable accounting between the parties before the money is distributed. If the woman has left, she is entitled to receive an occupation rent, but if the man has kept up the mortgage payments, he is entitled to credit for her share of the payments; if he has spent money on recent redecoration which results in a much better sale price, he should have credit for that, not as an altered share, but by repayment of the whole or a part of the money he has spent. These are but examples of the way in which the balance is to be struck." Read more: I am currently in the middle of a divorce. I hav... - JustAnswer http://www.justanswer.com/questions/1etj5-i-am-currently-in-... http://www.justanswer.com/questions/1etj5-i-am-currently-in-... |
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6 hrs confidence: peer agreement (net): +1
peer agreement (net): +1| attribution se fera avec d\'indemnité d\'occupation lors... award to be made with mesne profits/an occupation charge payable to the husband/ during Explanation: ... the steps taken to sever the joint tenancy (community of ownership) into tenancy-in-common (separate title to allow the spouses to dispose of their property by Will). BTW, it is award of enjoyment or possession and not of title. Quaere: whether the occupation (occupational means professional) indemnity is: 1. a licence payment 2. mesne profits or 3. occupation charge. 'Occupation charge has become more usual than mesne profits' which usually refers to a squatter's 'rent' but not described as such in order to withhold any security of tenure/UK Housing or Rent Act protection. Between UK contract and completion of a conveyance of land on sale, a buyer can be let into possession under the Law Soc. Standard Conds. of Sale by paying 'interest' on the purchase price. Arguably, these were mesne profits, if paid at all - scams by bogus house-buyers have been reported in the UK press. Example sentence(s):
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Reference comments
2 hrs |
| Reference: attribution Reference information: It sounds very much like Mrs X has to pay her future ex husband compensation for staying on in the house until the "communauté de biens " has been liquidated. It's an attribution à titre onéreuse. |
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3 hrs |
| Reference: indemnité d'occupation Reference information: Comme l'a compris Callum, "L'indemnité d'occupation représente la moitié de la valeur locative d'un bien commun ou indivis, ou occupé sans droit ni titre. Il ne s’agit pas ici d’un loyer payable tous les mois car l'indemnité est payable au moment de la liquidation, de la sortie de l'indivision, sauf à en obtenir un paiement provisionnel amiable ou judiciaire." Dans le texte de Callum le"d'" est de trop:.... se fera avec (payment d'une) indemnite d'occupation.... Reference: http://www.legavox.fr/blog/maitre-haddad-sabine/indemnite-oc... |
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