The Basics of Buying together
Couples living together and partners of a civil union:
Acquisitions between couples either living together or bound by a civil union (PACS) are subject to the regime of indivision. It is necessary to specify the amount financed by each acquirer in order to establish their respective interest in the property.
However, for partners of a civil union (PACS) who chose the regime of indivision, it is advisable for each acquire half of the undivided amount as full ownership.
In the event of a separation:
The asset can be sold and the amount is distributed based on the interest of each individual in the acquisition. The purchase by one or the other couple of the other’s interest is also an alternative.
In the event that the financing of the asset has been unbalanced, it may be necessary to establish accounts between the couples or partners subject to the regime of separation in order to restore equal treatment.
As for partners (of a civil union) subject to the regime of indivision, no recourse can be taken in the event of unbalanced financing.
In the event of a death:
In the absence of donations or legacies, the partner has no right to the inheritance of the other and he/she will as such be in a state of joint possession with the legal inheritors of the deceased.
If the surviving member of the couple continues to occupy the asset, he/she will owe an occupancy fee.
If the surviving partner (of a civil union) continues to occupy the asset, he/she will benefit from the temporary right to the home for one year and beyond then, will also owe an occupancy fee.
Should provisions for last wishes (will or donation) be enacted by the deceased:
- The remaining person in the couple will be subject to 60% taxation
- The partner (of a civil union) will be exonerated from inheritance rights
In all cases, the lasting individual may be subject to a lesser allowance in the event that the sum impacts the statutory amount reserved for the children of the deceased.
Regarding married couples subject to the common property regime, the property is jointly owned unless one of the spouses finances more than half of the sale price with his/her own funds (received through a donation or inheritance). In any event, reinvesting one’s own funds must be declared in the acquisition agreement.
Regarding married spouses subject the separate assets regime, if their precise interest in the asset is not specified, it is assumed they each have half ownership in the asset. If nothing is stipulated in the marriage contract, unbalanced financing between spouses cannot later be subject to account adjustments between them.
In the event of separation, the same solution applies as for couples living together and partners in a civil union.
In the event of death
The surviving individual benefits from:
- The right to housing for one year
- The right to a life interest in the housing
- Inheritance rights