Many couples consider buying a property together but few materialize the legal consequences of a joint acquisition throughout their lives. Overview of good reflexes: for a joint purchase, for a happy purchase, with Maître Ludovic Froment. Do not hesitate to share your opinion in the comments! To support us and help us create more and more content, subscribe to our channel: / @ledroitpourmoi LE DROIT POUR MOI deciphers legal news and the various legislative reforms in video for you. Our team of lawyers, media experts, offer you impactful content concerning business law, labor law, compliance, digital law, real estate law and public law. Find all our content on http://bit.ly/2sh3tSR -------------------------------------------------------------- 1- Who is the owner and in what proportions? The couple owns the property together, we say that the property is in joint ownership. The couple must agree on the percentages of ownership of each before purchasing the property. Indeed, it is not mandatory for each to own 50% of the property. However, in the absence of any indication to the contrary in the deed of acquisition, civil partners or cohabitants are deemed to own the property in equal shares. The proportions chosen must correspond to the actual financial participation of each (for example: 1/4 – 3/4; 1/3 – 2/3). The shares thus determined appear in the deed of acquisition. They are intangible. Any modification requires the intervention of a notary. 2- What are the consequences of buying together? The property is jointly owned. The maintenance, improvement and repair costs are therefore divided according to the proportions of acquisition of each. Important decisions, such as the sale, necessarily require the agreement of both members of the couple. In the event of a disagreement that creates a deadlock, the partners or cohabitants can have recourse to the judge. 3- What happens in the event of separation? If the couple separates, one of the partners or cohabitants can buy out the other's share. The joint ownership then ceases. The purchaser must be able to fully finance the purchase so that the other is no longer jointly and severally liable for the repayment of the loan on the day of separation. If the property is sold, the price is shared according to the ownership percentages of each, as stated in the purchase deed. If nothing had been provided for, the price is shared in half. What happens in the event of the death of one of the partners or cohabitants? a. The right to inherit The surviving partner or cohabitant does not automatically inherit the deceased's share; to be entitled to it, he or she must be the beneficiary of a will drawn up during the deceased's lifetime. In the absence of a will, the survivor finds himself or herself in joint ownership with the deceased's heirs. To keep the entire property, he must, in agreement with them, buy their shares. b. The right of occupation in the event of the death of the civil partner Unlike the cohabiting partner, the surviving civil partner benefits from a temporary right of use of one year on the accommodation. This accommodation must constitute his main residence at the time of death. This property must belong either to both partners, or to the deceased alone, totally or partially. This enjoyment is free. Beyond this period, the civil partner must in principle leave the accommodation. 4- The terms of the sale In the event of purchasing real estate together without being married, there are different solutions to improve the situation of the surviving spouse in the event of the death of one of the two partners: when purchasing the real estate, the cohabiting partners or civil partners can provide for certain clauses in the deed of purchase, in order to improve and organize the situation of the surviving cohabiting partner in the event of death. Finally, cohabitants or civil partnership partners should be interested in the question of the will. Indeed, the surviving civil partnership partner or civil partnership partner only has rights to the deceased's share if the latter made a will in their favor during their lifetime. Also note that the civil partnership partner is exempt from inheritance tax while the cohabitant is taxed at 60%, after a small deduction. Be careful, however, the legacy must never infringe on the children's legal rights to the inheritance. Each cohabitant or civil partnership partner will then draw up their own will on the advice of their notary who will register it in the "Central File of Last Will and Testament Provisions".