Consequences of common law (cohabitation)

Verified 20 April 2023 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Justice

Are you in a common law relationship? The cohabitation does not lead to any consequences between the two cohabitation partners, unlike marriage. Each of you can break this union at any time. Cohabitation may have an effect on certain social benefits or on the tax situation. These consequences are more limited than those applying to persons married or bound by a Civil partnerships: titleContent.

You are common-law partners if you live a stable and continuous life together, whether you live in a different-sex or same-sex relationship.

Common-law relationships do not create an obligation between you 2.

Under the law, you do not owe fidelity, help or assistance to your partner, unlike married people.

You can't have your partner's name.

FYI  

In case of domestic violence, you are protected as a married person.

Rented accommodation

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Only one of the concubines signed the lease

If you don't sign the lease, you have a right only to the housing in the event of death or abandonment of the home the person who signed the lease, subject to certain conditions.

He doesn't have to pay the unpaid rents.

The two concubines signed the lease

You two have the same rights. The two of you have to pay the rent.

To end the lease, you have to agree.

Housing purchased

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Housing purchased by a single cohabiting partner

If you don't own a house, you don't have any rights to the house.

Accommodation purchased by the 2 concubines

All 2 of you are considered homeowners undivided housing by half.

The act of purchase may provide for a different distribution.

The assets each of you has acquired are personal.

Your assets are separate.

You must prove that a property belongs to you, if necessary (for example in case of a conflicting separation).

This evidence can be provided by various means, for example, statements of account, a credit, a copy of a check.

Please note

In case of donation, you are not entitled to any abatement as a partner. You have to pay tax at the rate of 60%.

Your debts are also personal.

All 2 of you are engaged, only in the event of joint and several liability.

Income Tax Return

Each of you 2 must fill out separately a return for income received by the taxpayer during the taxation year.

Please note

when the burden of a common child is shared equally between you 2, each can benefit from half of the family quotient.

Real estate wealth tax

If you are notorious concubines, you are jointly imposed.

If you're not married, the father must recognize your child.

Each of you 2 can have a family record book, if your 2 names are in the birth certificate.

Each of you 2 (working or living in France) is entitled to social security in a personal capacity.

The right to family allowances is linked to the presence of one or more children. It's not related to your marital status.

If you have at least one child in your care, you are eligible for benefits.

However, you are not entitled to benefits reserved for lone parents (family support allowance - BSO for example) if you live in a cohabiting relationship.

FYI  

for means-tested benefits, both of you have earnings.

The following allocations are means-tested:

If you live in a cohabitation, the allocation of these benefits takes into account your income to all 2.

You have no right to your partner's inheritance in the event of death.

In order for you to have rights, your partner must write a will to that effect.

For the purposes of calculating inheritance tax, you are considered to be unrelated.

You will therefore have to pay duties at the rate of 60%, after a abatement of €1,594.

As a surviving spouse, you are not entitled to a survivor's pension.

If you receive a survivor's pension (for a previous marriage), you may, in some cases, lose your right if you live in a cohabitation.

This is the case for example if you are widow or widower of an official or military.

When the cohabitation ends, you can ask to regain your survivor's pension.

Please note

If you touch a survivor's pension as a widow or widower of an employee, you do not lose your rights in the event of a cohabitation.

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