Real estate purchase: what are the advantages for PACS couples?

Buying a property as a couple is not the same thing depending on whether you are married, in a civil partnership or in cohabitation. Let's take stock of the advantages of buying a home while being in a PACS.

The separation of property regime for PACS couples

“When a couple gets married, it is the community of property that prevails, failing to opt for the separation of property, explains Damien Lagau-Lacrouts, notary in Saint-Jean-de-Luz. In the context of the PACS, it is the reverse. The basic regime is the separation of property, except for the option for joint ownership”.

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— ファッションようじょSun Dec 29 16:20:55 +0000 2019

Need a little reminder? The separation of property implies that each can be the owner of the share that he has actually paid for the acquired accommodation. Joint ownership will mean, in the absence of details, that the property will belong to each of the two buyers up to 50%, even if the financing has not been carried out in equal shares.

"Before the law of November 18, 2016 to modernize justice in the 21st century, many couples did not know what regime they were under," says Damien Lagau-Lacrouts. Since that date, the Cerfa forms that must be completed at the town hall - failing to regularize the PACS with a notary - require that the "Separation" or "Indivision" box be ticked on the form known as "PACS standard agreement". (Cerfa no. 15726*02). This evolution has helped many people to pay attention to a detail… which is not a detail! »

Make the right choice, depending on your situation and that of your partner. “I tend to advise the separation of property in two cases: when there is an imbalance of income in the couple; and when one or the other is self-employed, says Damien Lagau-Lacrouts. This avoids many disputes later. »