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Marriage, Civil partnerships or cohabitation (common-law): what differences?
Verified 18 January 2024 - Directorate for Legal and Administrative Information (Prime Minister)
A situation in which two or more persons own the same thing or the same set of things together (examples: house, portfolio of securities, furniture, jewelry)
A person who is linked to one or more other debtors by a legal link which commits each of them to pay all the sums due. Solidarity can result from the law (for example, payment of inheritance tax) or from a contract (for example, security for a lease).
Rules that determine the relationship of money between spouses and the fate of their property. They are fixed by law and, possibly, by a marriage contract.
If you want to live as a couple, you have the choice between cohabitation (common law union), Civil partnerships: titleContent or marriage. Your rights and obligations are different depending on whether you are a common-law partner, a former common-law partner, or a married partner.
What applies to you ?
Cohabitation
It all depends on your situation:
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Tenant couple
Your rights to occupy housing differ depending on your situation.
Lease signed by a single partner
Only the one who signed the lease has rights to the housing.
However, in the event of the death of the spouse who signed the lease, the other spouse may request the transfer of the lease, subject to certain conditions.
Lease signed by the 2 concubines
Everyone is a tenant of the dwelling you occupy together.
You are every 2 required to pay rent and rental charges.
Owning couple
Owned by one of the concubines
If the common dwelling is the property of a single cohabiting partner, the other is considered to be an occupant free of charge.
He has no right to housing.
Pooled purchasing
If you purchased your home together, you are considered homeowners undivided.
The distribution between you is indicated in the purchase agreement (50% each, for example).
Contributions to common expenditure
You agree together on the allocation of common expenses.
Bank accounts
You can open a joint account or a undivided account with your partner.
You can give him a power of attorney on an account.
Savings
You can open the following accounts to your 2 names:
- Bank book whose rate of pay is not regulated
- Securities account consisting of equity investments (excluding PEA)
- Life insurance contract jointly subscribed
Other savings products can be opened only in the name of a single person (booklet A, PEL, PEA...).
Credits
You can choose from the following options:
- Borrow jointly with your partner and be all 2 responsible for the debts incurred
- Borrow individually and be solely responsible for your debts
- Borrow individually and ask your partner to carry surety
- To guarantee the credit taken out by your partner
- Borrow or lend to your partner, establishing a debt recognition
Please note
in case of mortgage, you can borrow together if you buy the property together.
Taxes
As cohabiting partners, you report your income separately.
Vehicles
You can do carte grise make a for each vehicle, following specific rules.
Warning
registration with your 2 names does not change the owner of the vehicle, who remains the buyer (or buyers, in case of purchase with 2).
Furniture and objects
The assets each of you has acquired are personal.
It is therefore up to you to prove that a property belongs to you, in case of need.
For your valuables, you can establish with your partner a list of the assets belonging to one, the other or the 2.
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Private sector employee
You don't have any special rights.
Official
You don't have any special rights.
You can't ask for a lay-off to join your partner.
Contractual
You don't have any special rights.
You can't ask for a lay-off to join your partner.
Self-employed
If you are independent and your partner wants to work with you, you have to choose with him one of the following statuses :
- Employee
- Associate
- Contributor
Complementary health
If either of you has a health complementary (mutual), check if the other partner can benefit from it.
Social minima
If you enter into a cohabitation, you must notify the organizations that provide you with the following benefits:
Name of the child and parental authority
The rules are the same for Civil partnerships and cohabitation.
They didn't no effect on parentage and name (unlike marriage).
You can choose your child's name.
As a mother, you automatically enjoy parental authority if your name appears on the child's birth certificate.
As a father, you have parental authority if you recognize your child before the age of 1 year. Beyond that age, you can see each other to confer joint exercise of parental authorityunder certain conditions.
FYI
as past partners or cohabiting partners, you can to adopt a childunder certain conditions.
Family allowances
You must notify one of the following organizations of your change of situation:
- Family Allowance Fund (Caf)
- Caisse de mutualité sociale agricole (MSA) if you are dependent on the farm plan.
Please note
if you perceive Family Support Allowance (FSA) for your child, you will no longer be entitled to it in case of cohabitation.
Renaming
You cannot use your partner's name as your last name.
Proof of cohabitation
You can prove your life together with one of the following documents:
To protect your partner, you can choose the following solutions:
- Subscribe a death insurance
- Designate your spouse as a beneficiary of a life insurance
You can also write a will to bequeath to him all or part of your property, or to make him a donation.
In the two cases, however, he must to pay tax high.
Please note
as a cohabiting partner, you are not entitled to survivor's pension.
Civil partnerships
It all depends on your situation:
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Tenant couple
Your rights to occupy housing differ depending on your situation.
Lease signed by only one past partner
Only the one who signed the lease has rights to the housing.
However, in the event of the death of the partner who has signed the lease, the other partner may request the transfer of the lease, subject to certain conditions.
FYI
if you are not the holder of the lease and you wish to stay in the accommodation after the departure or death of your partner, special rules apply depending on your situation.
Lease signed by the 2 past partners
You are all 2 lease holders in the following situations:
- You two signed the lease
- Only one of you signed the lease and together you asked the lessor to be all 2 of the lease holders
Everyone is a tenant of the dwelling you occupy together.
You are every 2 required to pay rent and rental charges.
Owning couple
Owned by one of the partners
If the common home is owned by one partner, the other is considered to be a free occupant.
He has no right to housing.
Pooled purchasing
If you purchased your home together, you are considered homeowners undivided.
The distribution between you is indicated in the purchase agreement (50% each, for example).
Contributions to common expenditure
In passing, you commit yourself to a reciprocal financial assistance (accommodation, food, health...).
This assistance includes a contribution to daily expenses, proportional to your respective financial capacities.
You can agree on a different distribution in your civil partnership contract.
Bank accounts
You can open a joint account or a undivided account with your partner.
You can give him a power of attorney on an account.
Savings
You can open the following accounts to your 2 names:
- Bank book whose rate of pay is not regulated
- Securities account consisting of equity investments (excluding PEA)
- Life insurance contract jointly subscribed
Other savings products can be opened only in the name of a single person (booklet A, PEL, PEA,...).
Credits
You are solidarity debts incurred by your partner for everyday needs.
In case ofcredit purchase, you are in solidarity only if you have given your consent at the time of purchase.
For loans, you are united only in the following cases:
- Small amount needed for the couple's daily life
- Reasonable amounts relative to household lifestyle if multiple loans were taken out
You remain solely responsible for your personal debts contracted in the following ways
- Before the Civil partnerships
- During Civil partnerships outside of everyday needs
You can choose from the following options:
- Borrow jointly with your partner and be all 2 responsible for the debts incurred
- Borrow individually and be solely responsible for your debts
- Borrow individually and ask your partner to carry surety
- You must guarantee the credit taken out by your partner
- Borrow or lend to your partner, establishing a debt recognition
Please note
in case of mortgage, you can borrow together if you buy the property together.
Taxes
For income tax purposes, you are subject to same rules as married couples.
You're making a joint declaration.
You are jointly imposed.
Only one tax notice is sent to the couple, to your 2 names.
You are solidarity the payment of tax.
The tax authority may request the full payment of taxes from one of you 2, as it chooses.
You must report your Civil partnership to the tax administration.
However, you can be taxed separately the year of your Civil partnership if you choose to file your income separately. In that case, each of you files your own tax return.
Vehicles
You can do establish carte grise one to your 2 names for each vehicle, following specific rules.
Warning
registration with the two names does not change the owner of the vehicle, who remains the buyer (or the buyers, in case of common ownership).
Furniture and objects
The assets each of you has acquired are personal.
It is therefore up to you to prove that a property belongs to you, in case of need.
For your valuables, you can establish with your partner a list of the assets belonging to one, the other or the 2.
This list may be included or appended to your convention of Civil partnerships.
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Private sector employee
If you pass by, you can benefit from a leave of at least 4 days.
State official
If you pass by, you can benefit from a 5-day leave.
You can request a lay-off to join your partner.
Please note
If you are a territorial or hospital official, you can request a lay-off to join your partner. Find out if your employer community has made a decision to grant leave.
Contractual
If you pass by, you can benefit from a 5-day leave.
You can to be granted leave to follow your partner forced to move for professional reasons.
Please note
If you are contracted in the territorial or hospital public service, you can to be granted leave to follow your spouse. Find out if your employer community has made a decision to grant leave.
Self-employed
If your partner wants to work with you, you must choose one of the following statuses:
- Employee
- Associate
- Contributor
Complementary health
If either of you has a health complementary (mutual), see if the other partner can benefit.
Social minima
If you do, you must notify the organization that is providing you with the following benefits:
Name of the child and parental authority
The rules are the same for Civil partnerships and cohabitation.
They didn't no effect on parentage and name (unlike marriage).
You can choose your child's name.
As a mother, you automatically enjoy parental authority if your name appears on the child's birth certificate.
As a father, you have parental authority if you recognize your child before the age of 1 year. Beyond that age, you can see each other to confer joint exercise of parental authorityunder certain conditions.
FYI
as past partners or cohabiting partners, you can to adopt a childunder certain conditions.
Family allowances
If you are passing by, you must notify one of the following organizations of your change of situation:
- Family Allowance Fund (Caf)
- Caisse de mutualité sociale agricole (MSA) if you are dependent on the farm plan
Please note
if you perceive Family Support Allowance (FSA) for your child, you will no longer be entitled to it in case of Civil partnerships.
Renaming
You cannot use your partner's name as your last name.
Civil partnership Entitlement
You can justify your Civil partnership and your life together with one of the following documents:
To protect your partner, you can:
- Write a will to bequeath to him all or part of your property
- Subscribe a death insurance
- Designate your partner as a beneficiary of life insurance
- Make a donation
Please note
There is no inheritance tax between past partners.
As a partner, you're not entitled to one survivor's pension.
Marriage
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Tenant couple
In a married couple, each of you is a tenant of the house where you live together.
This is the case regardless of your marital status, and even if the lease was entered into before your marriage by only one of you.
Owning couple
Property of one of the spouses
If the dwelling which is your common dwelling is the property of only one of you, the other spouse is an occupant free of charge.
However, if you married under contract creating a universal community, you are all 2 owners for half.
Warning
Your family's home is protected. During your marriage, you or your spouse cannot perform alone acts that would risk depriving the family of their home (sale, for example). Therefore, your agreement to all 2 is necessary for these acts, regardless of your matrimonial regime and even if your principal residence is the property of one of you 2.
Pooled purchasing
In case of acquisition of the dwelling by the two spouses, you are considered to be an owner undivided housing by half.
A different distribution may be provided for in the purchase order or in the marriage contract.
Warning
Your family's home is protected. During your marriage, you or your spouse cannot perform alone acts that would risk depriving the family of their home (sale, for example). Therefore, your agreement to all 2 is necessary for these acts, regardless of your marital status.
Contribution to common expenditure
As a husband, you must contribute to daily burdens according to your respective financial means.
Bank accounts
You can open a joint account or a undivided account with your spouse.
You can give him a power of attorney on an account.
Savings
You can open the following accounts to your 2 names:
- Bank book whose rate of pay is not regulated
- Securities account consisting of equity investments (excluding PEA)
- Life insurance contract jointly subscribed
Other savings products may only be opened in the name of one person (booklet A, PEL, PEA...).
Credits
For debts that you contract at 2Yes, you stand in solidarity. However, you are only liable for your share of the debt if you have committed to that limit.
You are solidarity debts incurred by one of you for the purpose of your daily life and the upbringing of your children.
For other debts contracted by a single spouse, it all depends on your matrimonial regime :
- If you are in community of goods, everyone has to pay half of the debt
- If you are in separation of propertyHowever, only the person who has incurred the debt is committed.
If you incur a debt alone in a strictly personal interest (or in the interest of your personal property), only you are engaged.
Please note
in case of mortgage, you can borrow together if you buy the property together.
Taxes
You're making a joint declaration.
You are jointly imposed.
Only one tax assessment notice is sent to the couple, on behalf of each of the spouses.
You are solidarity the payment of tax. The tax authority can request the full payment of taxes from one of you 2.
However, you can be taxed separately if you are separated from property and do not live under the same roof. In this case, each of you has to file your own tax return.
Vehicles
You can do carte grise set up a for each vehicle, following specific rules.
Warning
registration with the two names does not change the owner of the vehicle, who remains the buyer (or the buyers, in case of purchase with 2).
Furniture and objects
It all depends on your matrimonial regime.
If you are married under the community (or without marriage contract)But each of you is the sole owner of the property that you owned before the wedding.
Conversely, property acquired by one of you during marriage is common property.
If you are in separation of property, your assets remain separate.
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Private sector employee
If you marry, you can benefit from a leave of at least 4 days.
State official
If you marry, you can benefit from a 5-day leave.
You can request a lay-off to join your spouse.
Please note
If you are a territorial or hospital official, you can request a lay-off to join your partner. Find out if your employer community has made a decision to grant leave.
Contractual
If you marry, you can benefit from a 5-day leave.
You can to be granted leave to follow your spouse who is forced to move for work reasons.
Please note
If you are contracted in the territorial or hospital public service, you can to be granted leave to follow your spouse. Find out if your employer community has made a decision to grant leave.
Self-employed
If your spouse wants to work with you, you must choose one of the following statuses:
- Employee
- Associate
- Contributor
Please note
The choice of your marital plan can also have an impact on the financial consequences of your employment situation. It is better to consult a notary.
Who shall I contact
Complementary health
If one of your couple members is affiliated with a health complementary, see if the other person can also benefit from health insurance.
Social minima
You must notify the organizations that provide you with the following benefits of my change of situation:
Child's name
Parents may choose the name their child will have.
A joint declaration of choice of name can be made before or after the birth declaration.
In the absence of a joint declaration of choice of name, the child takes the father's name.
Parental authority
The 2 parents exercise in common parental authority on their common children.
Family allowances
If you marry, you must notify one of the following organizations of your change of situation:
- Family Allowance Fund (Caf)
- Caisse de mutualité sociale agricole (MSA) if you are dependent on the farm plan
Please note
if you perceive Family Support Allowance (FSA), it shall be abolished in the event of marriage.
Change of name in case of marriage
You may decide to use, as a common name, one of the following names:
- Name of your wife or husband
- Dual Name
You can register this new name on your identity documents.
Proof of marriage
You can to apply for a marriage certificate.
To protect your spouse, you can choose the following solutions:
- Make a gift to the last living
- Subscribe a death insurance
- Designate your spouse as a beneficiary of a life insurance
- Write your will for a legacy
Please note
as a surviving spouse, you may be entitled to a survivor's pensionunder certain conditions.
Who can help me?
Find who can answer your questions in your region
For a tax issue
Department in charge of taxes (treasury, tax department...)For a question of a different nature
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
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FAQ
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