PACS: joint ownership or separation of property, what impact on your property purchase

Buying a flat together as a PACS couple raises a question that many couples discover too late, often at the notary's office on the day of signing: who actually owns the property, and in what proportions? One partner provides the deposit, the other repays a larger share of the loan, and yet the sale deed may declare them equal owners. This gap between the economic reality and the legal reality is the source of most disputes on separation. This guide explains the two PACS regimes, separation of property (séparation de biens) and joint ownership (indivision), and sets out their practical impact on a property purchase, from the preliminary sale agreement (compromis de vente) through to the division of the property.

The PACS regime: what the law actually provides

The civil partnership (pacte civil de solidarité, PACS) was created by Law No. 99-944 of 15 November 1999. Originally, the default regime was joint ownership: all property acquired during the PACS was presumed to belong to both partners in equal shares. This arrangement generated so much litigation that the legislature reversed it.

Since Law No. 2006-728 of 23 June 2006, which came into force on 1 January 2007, the default PACS regime is separation of property. In other words, a couple that signs a PACS agreement today without any particular clause is automatically subject to separation. Joint ownership now applies only if the partners expressly choose it.

This distinction is decisive for a PACS property purchase: the regime determines who owns what, in what proportions, and how the property will be divided on separation or death.

Separation of property, the statutory regime since 2007

Article 515-5 of the French Civil Code lays down the principle:

Unless the agreement provides otherwise (...), each of the partners retains the administration, enjoyment and free disposal of their personal property.

In practical terms, each partner remains the owner of what they buy, to the extent that they finance it. If one acquires a flat alone, they are its sole owner, even if the other lives in it. If both buy together, the notarial deed specifies each partner's share, for example 60% for one and 40% for the other, according to their respective contributions.

The same article provides a useful presumption: where it is impossible to prove who owns an item, it is presumed to belong to them jointly in equal shares. This rule applies mainly to everyday items, but it is a reminder of the importance of keeping evidence of the financing of a property.

Joint ownership, a choice to be written into the PACS agreement

The partners may prefer joint ownership. Article 515-5-1 of the French Civil Code gives them this option:

The partners may, in the initial agreement or in an amending agreement, choose to subject to the joint ownership regime the property they acquire, together or separately, from the registration of those agreements.

The text adds a heavy consequence: such property is then presumed to be jointly owned in equal shares, with no recourse by one partner against the other on account of an unequal contribution to the financing. This is the point that many couples overlook. Under the contractual joint ownership regime of the PACS, the partner who financed 70% of the property nonetheless owns only half, and cannot claim the difference. The 50/50 rule applies, whatever the actual financial effort of each.

This contractual regime is therefore a choice to be handled with care, reserved for couples whose contributions are equivalent or who deliberately accept an equal split.

Buying in joint ownership: how it works in practice

Two notions that use the same word but do not overlap must be distinguished. Joint ownership within the meaning of the contractual PACS regime (Article 515-5-1) imposes an equal split. Joint ownership under ordinary law, that of Articles 815 et seq. of the French Civil Code, on the contrary allows unequal shares fixed in the purchase deed.

In practice, most couples in a PACS under the statutory separation regime who buy together end up in joint ownership under ordinary law. The sale deed then records the actual split, for example two-thirds and one-third, and it is that split which prevails.

Each partner's share

In joint ownership under ordinary law, each partner holds a share corresponding to their contribution. This share is relevant at three key moments: at purchase, where it is entered in the notarial deed; during the life of the couple, where each bears the costs in proportion to their share; and on resale or division, where the price is split in those same proportions.

Imagine a couple in a PACS under the statutory regime buying a home. One contributes substantial personal capital from a family gift, the other does not. To reflect this reality, the notary will record a larger share in favour of the first. On separation, each will recover the value corresponding to their share, which protects the contributor.

The trap of unequal financing

The main risk lies in the gap between the share entered in the deed and the actual contribution. If the deed declares equal ownership whereas one partner financed much more, that partner has in principle paid for the other. Depending on the regime, this imbalance is resolved differently.

Under the statutory separation regime, the partner who overpaid may assert a claim between partners: they financed beyond their share and may ask for reimbursement on division. Under the contractual joint ownership regime of Article 515-5-1, this claim is excluded by the law itself, since the text rules out any recourse on account of an unequal contribution. Hence the importance of choosing the right regime before buying, and not the other way round. The rights and remedies of a joint owner who bears the instalments alone are set out in our guide on a mortgage paid alone in joint ownership.

For a closer look at how joint ownership works, its management rules and how to exit it, we refer to our dedicated article on joint ownership of property.

Buying under the separation of property regime

Separation of property leaves the partners considerable freedom. They may buy alone or together, and this flexibility is precisely what makes it suited to a very wide range of personal wealth situations.

Purchase by one partner alone

Nothing prevents a partner in a PACS under separation from buying alone. They sign the deed, they alone appear on the title, and they repay the loan in their own name. The other partner, even if they live in the home and contribute to current expenses, acquires no right of ownership in the property.

This arrangement must be handled with care. If the non-owner partner contributes to repaying the loan, they may, subject to conditions, assert a claim at the time of the break-up, by showing that they contributed beyond their normal share of the costs of shared life. This is a delicate demonstration: it requires distinguishing what falls within the material assistance provided for in Article 515-4 of the French Civil Code, which gives no right to reimbursement, from what amounts to genuine financing of another person's property.

Joint purchase and proof of contributions

Where both partners buy together under the separation regime, they end up in joint ownership under ordinary law. The deed fixes each partner's share. To avoid disputes, it is strongly advisable to have the respective contributions recorded in the deed, or even to draw up an acknowledgement of debt if one partner lends the other part of their deposit.

Keeping evidence is decisive: bank statements showing the contribution, documents relating to the family gift used for financing, loan repayment schedules. These documents are the trace of the actual financing and make it possible, on the day of division, to establish the claim between partners. Without them, the presumption of ownership by share as entered in the deed prevails, to the detriment of the partner who actually paid more.

The impact of the regime at the time of the preliminary sale agreement

The choice of regime should not wait until the notarial deed (acte authentique) is signed. It is prepared from the preliminary sale agreement (compromis de vente), a bilateral promise that binds the seller and the buyers. It is at this stage that the identity of the buyers and the split of shares are decided.

Several points deserve particular attention when the preliminary agreement is signed:

• the identity of the buyers, because one or both partners may appear in the deed, which determines future ownership
• the split of shares in the case of a joint purchase, which must reflect the real contributions and not a superficial equality
• the condition precedent of obtaining the loan, which must be calibrated according to whether the loan is taken out by one partner or both
• consistency with the PACS agreement already signed, in particular if the couple opted for the contractual joint ownership regime

A couple that discovers at the time of the preliminary agreement that its PACS agreement imposes joint ownership in equal shares can still adjust its position, for example by amending its agreement before the purchase. This is why reviewing the agreement before the preliminary agreement is a step not to be neglected. Our guide on the preliminary sale agreement sets out the clauses to secure and the pitfalls to avoid at this stage.

What happens on separation or death

The PACS regime shows its full importance when the couple separates or when one of the partners dies. These two events follow different legal logics.

Termination of the PACS and the fate of the property

On dissolution of the PACS, property held in joint ownership must be divided. As no one can be compelled to remain in joint ownership, each partner may request division on the basis of Article 815 of the French Civil Code. Three outcomes are possible: one buys out the other's share, the property is sold and the price divided, or the partners agree to maintain joint ownership temporarily by a joint ownership agreement governed by Articles 1873-1 et seq. of the French Civil Code. The terms of an amicable division and the court procedure for division are set out in our article on division of joint ownership.

This is where the chosen regime takes effect. Under contractual joint ownership in equal shares, division is 50/50, regardless of the financing. Under separation with joint ownership under ordinary law, division follows the shares in the deed, and claims between partners are settled. A partner who financed beyond their share recovers that advance, provided they can prove it.

Death of a partner, inadequate protection

The least well-known point concerns death. Unlike spouses, PACS partners are not heirs of one another. The PACS confers no right of succession. If one dies without a will, their share of the property passes to their own heirs, their children or parents, and not to the surviving partner.

The surviving partner has only a temporary right of occupation of the home for one year, provided for by Article 515-6 of the French Civil Code through its reference to the rules applicable to spouses. After that period, they may find themselves in joint ownership with the deceased's heirs, or even obliged to leave or to buy out their share. The comparison between the position of a married spouse and that of a PACS partner, in particular as to the fate of the home, appears in our article on inheritance tax for the surviving spouse.

To pass their share of the home to their partner, a will is essential. The tax position, however, is favourable: Article 796-0 bis of the French General Tax Code exempts the PACS partner from inheritance tax, in the same way as a spouse. But this exemption applies only if the partner is actually named as heir by will. Without a will, they inherit nothing, and the tax exemption is of no effect.

How to choose your regime and secure your purchase

The choice between separation and joint ownership depends on the couple's actual situation. No regime is better in itself; each suits a particular profile.

Separation of property suits couples whose contributions are unbalanced, those who want to protect personal wealth, or where one partner carries on a professional activity that exposes their assets to creditors. It allows a tailored split of ownership and preserves the traceability of financing.

Contractual joint ownership in equal shares suits couples whose contributions are equivalent and who want perfect equality that is simple to manage, without having to document permanently who paid what. It simplifies division but rules out any later rebalancing.

Three reflexes effectively protect a joint property purchase within a PACS:

• have your PACS agreement reviewed before any preliminary agreement, to check which regime actually applies
• have the respective contributions and the split of shares recorded in the purchase deed, in line with the economic reality
• draw up mutual wills if the partners wish to leave each other their share of the home on death

These checks, made in advance, cost infinitely less than litigation over division several years later.

Conclusion

The central message of this guide is simple: in a joint property purchase, the PACS regime is not an administrative detail, it is the keystone of ownership. Separation of property, the default regime since 2007, leaves valuable freedom and protects the partner who contributes more, provided they document their financing. Contractual joint ownership in equal shares, on the contrary, imposes an irreversible equal split, advantageous where contributions are balanced, dangerous where they are unequal.

Our position is clear: in the great majority of situations, separation of property combined with joint ownership under ordinary law with tailored shares protects the partners better than contractual joint ownership in equal shares, which is often chosen through lack of knowledge. And in every case, the absence of a will leaves the surviving partner without real protection. Before signing a preliminary agreement, have the consistency checked between your PACS agreement, the split provided for in the deed and your actual contributions. This prior check avoids most of the disputes that we see arise at the time of separation.

Frequently asked questions

What is the default PACS regime for a property purchase?

Since Law No. 2006-728 of 23 June 2006, which came into force on 1 January 2007, the default regime is separation of property, provided for in Article 515-5 of the French Civil Code. Each partner remains the owner of what they finance. Joint ownership applies only if the partners have expressly chosen it in their PACS agreement. A couple in a PACS after 2007 without any particular clause is therefore automatically subject to separation.

In PACS joint ownership, can I recover more than half if I paid more?

No, if you are under the contractual joint ownership regime of Article 515-5-1 of the French Civil Code. That text presumes property to be jointly owned in equal shares and expressly excludes any recourse on account of an unequal contribution to the financing. A partner who financed 70% of the property remains the owner of only half. To preserve a larger contribution, you must buy under the separation regime with unequal shares entered in the deed.

Does my PACS partner inherit my share of the home on my death?

No, not automatically. PACS partners are not heirs of one another: the PACS gives no right of succession. Without a will, your share passes to your own heirs. The surviving partner has only a temporary right of occupation of the home for one year. To pass your share to them, a will is essential; they will then benefit from the inheritance tax exemption provided for in Article 796-0 bis of the French General Tax Code.

Can you buy property alone when you are in a PACS?

Yes, under the separation of property regime, a partner may buy alone and be the sole owner of the property. The other partner, even if they live there and contribute to current expenses, acquires no right of ownership. If they contributed to repaying the loan beyond their normal share of the costs, they may try to assert a claim on separation, but this proof remains difficult to establish.

How can I prove my personal contribution in a purchase in joint ownership?

By keeping all supporting documents: bank statements showing transfer of the contribution, the family gift deed that financed the purchase, the loan repayment schedule in your name. It is also advisable to have the respective contributions recorded directly in the notarial deed, or to draw up an acknowledgement of debt between partners. Without such proof, the split entered in the deed prevails, to the detriment of the partner who actually paid more.

Should I amend my PACS agreement before buying together?

This is strongly recommended. You must first check which regime actually applies, because many couples do not know the exact content of their agreement. If the regime in force does not suit your property plans, for example joint ownership in equal shares when your contributions are unequal, it is possible to sign an amending agreement before the preliminary sale agreement. This check in advance avoids an irreversible imbalance in ownership of the property.

What happens to the property if the PACS ends?

In the case of joint ownership, each partner may request division on the basis of Article 815 of the French Civil Code, as no one is obliged to remain in joint ownership. Three solutions exist: one partner buying out the other's share, sale of the property with division of the price, or organised continuation of joint ownership by agreement. Division follows the shares in the deed under the separation regime, or equal shares under the contractual joint ownership of Article 515-5-1.