Separating as Concubines in France: Housing, Children & Assets

Contrary to marriage or a PACS (pacte civil de solidarité, a civil solidarity pact), concubinage (or union libre, free union) is defined by Article 515-8 of the French Civil Code (Code civil) as a factual union, characterised by a stable and continuous cohabitation. While this freedom offers great flexibility during the relationship, it proves to be particularly complex and unprotective when a breakup occurs. In the absence of a protective matrimonial framework, the factual separation of cohabiting partners requires resolving crucial issues related to housing, the children's welfare, and the division of assets. This comprehensive guide outlines the applicable legal rules, the practical steps to take, and the pitfalls to avoid to navigate this transition with complete legal security.

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1. The fate of the home: Who stays, who leaves, and who pays?

The fate of the family home depends exclusively on the status of the property (rented or owned) and who signed the contracts. The principle of independence between cohabiting partners prevails.

A. If you are renting the property

The fate of the lease depends on the identity of the signatories of the tenancy agreement:

• Only one partner signed the lease: The signatory is the sole holder of the rights to the accommodation. They can demand the departure of the other partner without notice, as the latter is considered merely an "occupant without right or title" (occupant sans droit ni titre). If the signatory decides to give notice to the landlord (with a notice period of 1 month in high-demand areas, known as zones tendues, or 3 months in other areas), the other partner must leave the premises.
• Both partners co-signed the lease: They have equal rights to the accommodation. Neither can evict the other. If one of them wishes to leave, they must give notice to the landlord by registered letter with acknowledgment of receipt (lettre recommandée avec accusé de réception).
• The solidarity clause: Beware, almost all co-tenancy leases contain a solidarity clause (clause de solidarité). Under this clause, the partner who leaves the accommodation remains jointly and severally liable for the payment of rent and service charges. Since the 2014 ALUR Law (loi ALUR), this joint liability expires at the latest 6 months after the end of their notice period if no new tenant has replaced them.

> Concrete example: Marie and Thomas rent an apartment in Paris for a rent of 1,200 € per month. The lease contains a solidarity clause. Thomas leaves the property on January 1st and gives his notice. Although he no longer lives there, if Marie fails to pay the rent, the landlord can claim the full 1,200 € from Thomas until June 30th (i.e., for 6 months after the end of his 1-month notice period), unless a new tenant is added to the lease.

B. If you own the property

If the property was purchased together, it is subject to the joint ownership regime known as indivision (Article 815 and following of the Civil Code).

• *Buying in indivision: The partners own the property in proportion to the shares indicated in the purchase deed (acte de vente*) drawn up by the notary (for example, 50/50 or 70/30). Upon separation, three options are available:

1. Selling the property: The sale price is split between the partners in proportion to their shares in the indivision, after repaying the remaining balance of the mortgage.

2. *Buying out the other's share (licitation): One partner wishes to keep the property. They must buy out the other's share (known as a soulte). This operation requires having the property valued and going through a notary (notaire). Transfer duties (partition fees, or droits de partage*) apply at a rate of 2.5% of the net value of the shared property.

3. *Remaining in indivision: The ex-partners sign a joint ownership agreement (convention d'indivision*) for a maximum renewable term of 5 years, for instance, to wait until the children grow up.

• Occupancy indemnity: If one partner remains alone in the jointly owned property during the separation phase, they owe an occupancy indemnity (indemnité d'occupation) to the indivision (Article 815-9 of the Civil Code). This sort of "rent" is generally discounted by 20% compared to market rates to compensate for the precarious nature of the occupancy.

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2. Children: Parental authority, residence, and child support

The separation of parents has no effect on their duties towards their children. The Civil Code enshrines the principle of co-parenting.

A. Joint parental authority

Article 372 of the Civil Code states that parental authority (autorité parentale) is exercised jointly by both parents if parentage (filiation) is established for each of them no later than one year after the child's birth. Important decisions (health, schooling, religion) must be made by mutual agreement.

B. The child's residence

Parents can agree on two custody arrangements:

• *Alternating residence (résidence alternée):* The child lives alternately with the father and the mother (typically on a week-on, week-off basis).
• Exclusive residence with one parent: The other parent then benefits from visitation and accommodation rights (classically every other weekend and half of the school holidays).

C. Contribution to the maintenance and education of the child (child support)

Under Article 371-2 of the Civil Code, each parent must contribute to the maintenance of the child in proportion to their resources and the child's needs. This obligation does not cease when the child reaches adulthood if they are still pursuing their studies.

The amount of child support (pension alimentaire) can be agreed upon amicably or set by the Family Court Judge, the juge aux affaires familiales (JAF). The Ministry of Justice publishes an indicative reference table every year.

> Concrete example: Marc earns a net income of 2,200 € per month. His ex-partner, Julie, has exclusive custody of their 8-year-old daughter. Marc has standard visitation rights. According to the Ministry of Justice's indicative scale, the contribution per child for a paying parent with this income (after deducting a vital minimum of 607 €) is approximately 10% of the relevant resources. Marc will therefore pay child support of approximately 160 € per month to Julie.

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3. Division of assets: Bank accounts, personal property, and debts

The fundamental principle of concubinage is the separation of estates. There is no "matrimonial regime" for cohabiting partners.

A. Personal property and bank accounts

• Personal property: Each partner remains the owner of the assets they purchased alone, received by gift, or inherited. Proof of ownership can be established by any means (invoices in a specific name, bank statements).
• *Jointly owned property (biens indivis):* Assets purchased together without specified shares belong to both on a 50/50 basis. In the absence of itemised invoices, household furniture is presumed to belong to both partners equally.
• Bank accounts:
• Individual accounts remain personal.
• The balance of a joint account (compte joint) belongs, unless proven otherwise, half to each co-holder. Warning: both co-holders are jointly and severally liable for any debts and overdrafts accumulated on this joint account.

B. Couple's debts

Unlike married couples, there is no legal joint liability for everyday household debts between cohabiting partners (Article 220 of the Civil Code does not apply).

• A debt contracted by one partner alone remains their exclusive responsibility, even if it was used for household needs (e.g., purchasing a household appliance).
• Joint liability only exists if both partners co-signed the loan agreement (car loan, mortgage).

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4. Practical steps: A step-by-step guide to separating

To secure your separation, follow these methodical steps:

1. Inventory assets and debts: Gather all purchase invoices, notarial deeds, loan agreements, and bank statements.

2. Sever joint accounts and contracts: Send a registered letter to your bank to close or split the joint account (converting it into an individual account). Contact energy and internet providers to remove the departing partner's name.

3. Draft a parental agreement (amicably): If you agree on the arrangements for the children, draft a written agreement (convention parentale) detailing the residence, visitation rights, and child support.

4. Have the agreement approved by the JAF: Use the form *Cerfa n° 1153011* to submit your agreement to the Family Court Judge (juge aux affaires familiales*). This process is free and gives your agreement the same legal force as a court judgment (essential for recovering unpaid child support through the CAF, the family allowance fund).

5. Refer the matter to the JAF in case of disagreement: If no agreement is possible, file a petition (requête) with the local judicial court (tribunal judiciaire) of the children's place of residence so that a judge can rule on custody and support arrangements.

6. *Liquidate the real estate indivision: Make an appointment with a notary to organise the sale of the shared home or to formalise the buyout of the other's share (soulte*).

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5. Mistakes to avoid

• Leaving the home without leaving a written record: If you are a co-signatory of the lease or a joint owner, a hasty departure can be interpreted negatively or leave you liable for costs without any benefit. Formalise your departure in writing (email or registered letter).
• Failing to have the children's agreement validated by a judge: A verbal "amicable" agreement regarding child support or custody has no legal executory value. If your ex-partner decides overnight to stop paying or refuses to hand over the child, the police or the CAF cannot intervene without a court-approved decision.
• Financing the other's property alone without a written agreement: If you pay off the mortgage of a property owned exclusively by your partner, French law generally considers this as a contribution to the expenses of daily life. Unless you can prove it was a loan between partners, you will not be able to recover these sums upon separation.
• Neglecting to sever joint liability on loans: Do not take your ex-partner's word if they promise to pay off a co-signed car loan alone. The bank will turn to you at the first missed payment if your name is still on the contract.

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6. Frequently Asked Questions (FAQ)

Can I claim compensatory allowance after a breakup?

No. Compensatory allowance (prestation compensatoire) is a mechanism exclusively reserved for married couples (Article 270 of the Civil Code). Even after 20 years of cohabitation and a significant disparity in income, neither partner can claim a pension or a lump sum to compensate for the drop in their standard of living caused by the breakup.

How do I prove that I paid for the majority of a property bought 50/50?

In principle, the notarial purchase deed is legally binding. If the deed indicates a 50/50 split, the property belongs half to each, even if you financed 80% of it. However, case law sometimes allows for a "claim between cohabitants" (créance entre concubins) during liquidation, provided you can prove through bank statements that your over-contribution was not intended as a gift (intention libérale) or a normal contribution to household expenses.

What can I do if my ex-partner refuses to sell our shared house?

No one can be forced to remain in joint ownership (Article 815 of the Civil Code). If your ex-partner blocks the sale and refuses to buy out your shares, you must take the matter to the Judicial Court (tribunal judiciaire) through a lawyer to request the forced sale by public auction (licitation) of the property.

How is child support calculated?

Child support is calculated based on the resources of the paying parent (the parent who does not have primary custody), the number of dependent children, and the custody arrangement (standard, reduced, or alternating). The Ministry of Justice provides an official online simulator. The CAF can also act as a financial intermediary (via the ARIPA service) to collect the support directly from the debtor's account and pay it to the custodial parent.

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Summary

• Housing: The fate of the home depends solely on the signatures on the lease or the notarial purchase deed; there is no automatic protection of the family home in concubinage.
• Children: Parental authority remains joint. Amicable agreements on custody and support must be approved by the Family Court Judge (JAF) to be legally binding.
• Assets: The principle is the separation of estates. Each person takes back their personal property, and jointly owned assets (indivision) are divided according to official purchase shares.
• No compensatory allowance: No financial support is owed between ex-partners to compensate for a loss in standard of living, regardless of the duration of the relationship.
• Severing joint liability: It is crucial to quickly close joint accounts and notify banks regarding co-signed loans to avoid being held responsible for the other's debts.

Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.