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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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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:attribution se fera avec d'indemnité d'occupation lors...
English translation:award to be made with mesne profits/an occupation charge/ during...
Entered by: xxxAdrian MM.
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09:59 Aug 17, 2010
French to English translations [PRO]
Law/Patents - Law (general) / ordonnance de non-conciliation
French term or phrase: attribution se fera avec d'indemnité d'occupation lors...
From a French "Ordonnance de Non-Conciliation" under the heading "Sur l'attribution du logement familial":

"Attribuons à Mme X la jouissance du domicile familial ainsi que des meubles meublants.
Disons que cette attribution se fera avec d'indemnité d'occupation lors des opérations de liquidation de la communauté."

Is this the idea that in appointing the family home to the wife, she must compensate the husband for having to find another home when settling their communal property?
Callum Walker
United Kingdom
Local time: 22:45
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.



Selected response from:

xxxAdrian MM.
Local time: 23:45
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1award to be made with mesne profits/an occupation charge payable to the husband/ duringxxxAdrian MM.
3the property is assigned to Madame X with occupational rent to be paid to her spouse while...MatthewLaSon
2occupancy payment
Eutychus
Summary of reference entries provided
attributionKevin SC
indemnité d'occupation
Marion Feildel

  

Answers


10 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5
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.

Eutychus
Local time: 23:45
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 65

Peer comments on this answer (and responses from the answerer)
neutral  writeaway: any refs to back this?
4 mins
  -> If I had any I would have supplied them. Please note the "2" grading and my original comment. If you have a better suggestion, feel free!
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6 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
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-...

MatthewLaSon
Local time: 17:45
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 405
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6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 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):
  • mesne profits n. profits which have accrued while there was a dispute over land ownership. legal-dictionary.thefreedictionary.com/Mesne+profits
xxxAdrian MM.
Local time: 23:45
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 858

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: "occupation charge" is more "country neutral" than mesne profits
2 hrs
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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.

Kevin SC
France
Native speaker of: Native in EnglishEnglish
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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...
Marion Feildel
Turkey
Native speaker of: Native in FrenchFrench
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Changes made by editors
Aug 27, 2010 - Changes made by xxxAdrian MM.:
Created KOG entryKudoZ term » KOG term


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