Case No. ZZ20D65691
Family Court

Case No. ZZ20D65691

Fecha: 14-Nov-2022

Paris, France Apartment

. The parties currently hold joint title to an apartment located at Rue Duphot, 75001, Paris, France (the “Paris Apartment”). There is no mortgage on the Paris Apartment and neither party shall encumber the Paris Apartment without the express written consent of the other party. The Paris Apartment shall continue to be jointly owned by the parties, with each party having equal decision-making authority concerning the property, through an Event of Marital Dissolution. Upon the occurrence of an Event of Marital Dissolution, Alvina shall receive sole title, ownership and occupancy rights to the Paris Apartment and the contents thereof (excluding artwork, the disposition of which is covered in paragraph 6.9 herein) and Michael waives any rights therein and thereto. Michael shall execute all documents necessary to transfer title of the Paris Apartment to Alvina as soon as is practicable following an Event of Marital Dissolution (and shall be responsible for any and all taxes or other expenses associated with such transfer, if any) and Alvina shall retain sole and exclusive ownership of the property and shall be entitled to dispose of the property in any way she deems appropriate.”At the time of the PNA, the parties held jointly one apartment at Rue Duphot (“Rue Duphot (1)”), and there is no dispute that it goes to the wife under the PNA. It is agreed between the parties that she will retain that property. However, on 2 October 2017 a second apartment at Rue Duphot (“Rue Duphot (2)”) was purchased in joint names for €575,000 with a mortgage of €510,000. And on 16 October 2018 a third apartment at Rue Duphot (“Rue Duphot (3)”) was purchased in joint names for €870,000 with a mortgage of €600,000. Rue Duphot (2) and (3) adjoin Rue Duphot (1) and the three apartments are in the process of being knocked together to create one magnificent apartment.60.The wife’s case is that a reasonable interpretation of Article 6.3 is that its terms should cover any property adjoining Rue Duphot (1) which is purchased with the intention of conjoining Rue Duphot (1) with it. The problem with that interpretation is that the parties purchased the adjoining apartments in joint names. If they had intended them to be knocked together with Rue Duphot (1) they could easily have purchased those adjoining apartments in the wife’s sole name. At [40] above I set out the terms of Article 6.7 concerning future residences, which I repeat for convenience:“Any other residences which the parties choose to put in joint names (or hold title through an entity in which both parties are members or partners) shall be considered to be equally owned by the parties, with such property to be sold upon an Event of Marital Dissolution and the net proceeds of sale equally divided.”I cannot see how this does not exactly deal with Rue Duphot (2) and (3). The parties have agreed that these apartments will be retained by the wife. The value that the wife will receive under the PNA in relation to these apartments is half of their anticipated net proceeds of sale or €244,805, and that is the figure I will use in the Outcome Schedule. 61.As the wife will retain the apartments, she has to give credit for the value of the husband’s half share. The parties are agreed on which properties will be retained by the wife, and their advisers will bring into account all the relevant credits and debits when calculating the money or money’s worth to be provided to the wife by the husband under the PNA.