A property purchase is an almost more important legal commitment than marriage for a couple. At least, compared to the financial consequences it can bring if things go wrong. Whether you have passed the mayor or not, it is therefore essential to protect yourself by taking advice from a notary.
The community and its effects
From a purely economic point of view, marriage remains the most protective status when buying a property. But the situation differs according to the matrimonial regime. If, like the vast majority of couples, you have chosen to unite without going through a marriage contract, you are subject to the legal community reduced to acquests. In this context, all goods purchased during your union are deemed to be in common. In the event of separation, the sharing will therefore be 50/50, even if one has contributed more to the funding than the other. If you do not finance your accommodation in equal parts - because one has a larger contribution for example - then it is better to specify in the deed of sale the amount from your own funds. This is called a declaration of employment (of funds) and it will assert your rights in the event of a divorce.
Note also that if your house has been paid for by a loan or common savings, you will be able to benefit from a "reward" during the liquidation of the community, aiming to compensate for the impoverishment or enrichment resulting from sharing.
Separation, theoretical and practical
If you have opted for a separation of property contract, the deal is simpler, in theory at least. Under this regime, everyone is in fact the owner up to the share indicated in the act of acquisition. During a possible divorce, the ex-companions will therefore leave with their marbles. The same goes for PACS partners who have been subject, by default, to the property separation regime since 2007. Be careful, in both cases, to precisely quantify this share based on your respective contributions but also on your capacity to repay the loan. Have you planned that out of the 1,000 euros of monthly payments, Monsieur will pay 600 and Madame 400? Note it in the contract.
To avoid future conflicts, properly frame your reimbursement, for example by means of direct debits from your respective accounts. And if you ever make changes thereafter, keep track of them (bank statements, acknowledgment of debt, etc.).
Default joint ownership
Couples in concubinage are the least well protected. In the eyes of the law, their sentimental commitment and their common life have no weight. Clearly: it is as if two foreigners signed the act of acquisition of housing. Legally, they are therefore in joint possession and, in the absence of precision, the sharing will be made 50/50 in the event of separation.
To protect your interests, it is therefore strongly advised to have a "joint ownership agreement" drawn up by a notary in order to indicate precisely the amount of your participation in this purchase (personal contribution and reimbursement of the monthly loan payments) and the amount -part of ownership which results from it. The joint tenancy regime also allows one of the partners to block the sale, even if he owns only 10%. To avoid this pitfall, specify the conditions of resale in the agreement.
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The question of succession
A purchase for two also involves thinking about the consequences of a death. In the case of a married couple, the spouse inherits the deceased, but their share depends on the existence of children, a marriage contract and a possible gift or will. By default, when there are common descendants, the survivor chooses between usufruct over the entire estate or full ownership of the quarter.
By default, the partners are not inherited from each other by default. Without a legacy by will, the survivor will therefore be in joint possession with the heirs of the deceased.
Finally, for a couple in cohabitation, it is joint possession with the heirs of the deceased that applies. To avoid this, you must bequeath your share to the other in a will or provide for a buy-back clause in priority in the indivision agreement.
- Rights
- Wedding
- Divorced
- Contract