Although the separation of a cohabiting couple is less formalized than that of a married or civil union couple, it can sometimes raise complex issues, particularly concerning the division of property, the fate of the home and the management of debts.
Here are the main steps to follow and the key legal points to be aware of.
1. Understanding the legal framework of cohabitation
Article 515-8 of the French Civil Code defines cohabitation as a de facto union characterized by stability and continuity between two people of the same or different sexes.
This union is not governed by a specific legal regime, which means that there are no legal rules imposing financial or property obligations between cohabitants.
Unlike marriage or PACS, the separation of a cohabiting couple does not require any specific legal procedure.
However, there are a number of practical and legal steps you should take to avoid conflict.
2. The fate of the shared home
Housing is often a source of dispute in the event of separation.
Depending on the specific situation, different rules apply:
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- Rented accommodation :
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- If the lease is in the name of both cohabitants, they must agree on who will remain in the premises. In the event of disagreement, there is no legal provision for the judge to award the lease to one or the other, except in cases of domestic violence or the residence of children.
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- If the lease is in the name of only one cohabitant, the latter can ask the other to leave the premises.
- Owned accommodation :
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- If only one partner owns the property, he or she can ask the other partner to vacate. In this case, the non-owning cohabitant is considered to be an occupant without right or title.
- If the property is jointly owned, the ex-cohabitees can either sell the property and share the price, or apply for judicial partition if no agreement is reached.
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3. Property division
In the absence of a specific contract (e.g. an indivision agreement), property acquired jointly is presumed to belong to both cohabitants in equal shares.
However, evidence to the contrary may be adduced to demonstrate a different division.
Important points :
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- Assets purchased by a single cohabitee with his or her own funds belong to that cohabitee, in the absence of proof to the contrary.
- Furniture and objects acquired during the cohabitation are presumed undivided, but each must prove exclusive ownership of an item if he or she claims full possession.
4. Settlement of financial interests
When one of the cohabitants has made a financial contribution to a property belonging to the other (for example, by financing work or repaying a loan), he or she can claim compensation.
In law, this may be based on the theory of unjust enrichment, or on alleged joint ownership.
However, it is up to the cohabiting partner to prove his or her contribution and to justify that it exceeds normal assistance within the couple.
5. Children of cohabiting couples
In the event of separation, the parents must arrange the exercise of parental authority, residence (alternating or not), accommodation and financial contributions for their children.
If no amicable agreement is reached, the Family Affairs Judge (JAF) may be called upon to decide on the terms of parental authority, residence and child support.
Both parents remain responsible for the upkeep and education of their children.
Major decisions must be taken jointly, unless parental authority is entrusted to a single parent.
6. Joint debts
In terms of debts, each partner is responsible for his or her own commitments.
However, if a debt has been incurred for joint needs (e.g., a loan for shared accommodation), both may be held liable in proportion to their share.
Conclusion
Although the separation of cohabiting couples is legally less regulated than that of married or civil union couples, it does require rigorous organization, particularly with regard to housing, property, debts and children.
In the event of conflict, it is always possible to have recourse to mediation or to request the intervention of a judge to settle differences.