Money, tax and the law
Buying in France as a couple.
Two names on the deed, but in which shares, and what happens if one of you dies? Here is what to settle with the notaire.
Contents
How a couple holds a property depends on their situation: married, in a civil partnership, or neither. For international couples, it also depends on the country where they married and the law of their marriage.
Not married
An unmarried couple buys in joint ownership (indivision), with the shares written in the deed, usually in proportion to what each one pays. A tontine clause can provide that the survivor is considered the sole owner from the start; it has tax consequences to check with the notaire.
Married
For a married couple, the matrimonial property regime decides who owns what. For marriages since 29 January 2019, a European regulation sets the law that applies; for earlier marriages, other rules apply. The notaire will ask for your marriage certificate, and your marriage contract if you have one, and will state your regime in the deed.
In a civil partnership
Partners in a French PACS own separately by default and usually buy in joint ownership, with their shares in the deed. A partnership registered abroad is examined by the notaire.
Protecting the survivor
Depending on your situation, a will, the choice of a law, a tontine clause or a company can protect the surviving partner. Inheritance rules explains the principles. These choices are made before signing.
How I help
When a couple buys with me, I tell the notaire early about your situation, so that the right questions are asked before the compromis. Many of my international buyers are couples where one partner does not speak French: I explain everything to both. I work in English and French every day. I also speak Hindi, Urdu and Punjabi fluently, Persian (Farsi) very well, and good Greek and Arabic.
Frequently asked questions
Can we buy in different shares, such as 60/40?
Yes. The shares are written in the deed, usually in proportion to each person's contribution.
What is a tontine clause?
A clause by which the survivor is considered the sole owner from the start. It has tax consequences to check with the notaire.
Is a foreign marriage recognised by the notaire?
Yes. The notaire determines the law of your marriage and states your regime in the deed.
Should we decide before the compromis?
Yes. The way you buy is set in the compromis and the deed.