Can you apply for social housing (HLM) before starting divorce proceedings?

In its response published on February 28, 2023, the Ministry responsible for the City and Housing states that the applicant for social housing must have evidence of divorce proceedings by either:

• a copy of the act of referral to the family court;
• evidence from a lawyer that the procedure for divorce by mutual consent out of court is ongoing.

Article L. 441-1 of the Construction and Housing Code provides that divorce proceedings must be pending in order for the applicant to be entitled to social housing in his own name, and therefore alone.

Where an applicant can submit a document attesting to a divorce proceeding initiated, social landlords cannot invoke the fact that the divorce is not yet pronounced, if the proceedings are ongoing, to refuse the award of social housing.

Married people who refuse to divorce for personal reasons but wish to live apart cannot apply for separate social housing. This measure is intended to prevent certain cases of fraud.