Buying Property as a Couple in Paris: The 5 Legal Pitfalls to Know Before You Sign

Every year in Paris, thousands of couples — married, in a PACS civil partnership, or living together unmarried — buy a property together. And every year, dozens of these forced co-ownerships end up in court.

Not because people had bad intentions. But because no one explained the legal consequences of their choice.

Pitfall 1: Joint ownership (indivision) by default

If you buy together without specifying a legal framework, you are automatically in indivision (undivided joint ownership). This arrangement has major drawbacks:

• Any important decision requires the agreement of both parties
• In the event of disagreement, either party can force a sale via a court-ordered partition
• If one partner dies, their share passes to their legal heirs — not to you

Pitfall 2: Not specifying the ownership shares

By default under indivision, the two buyers are presumed to hold 50% each. But if you contributed 70% of the financing and your partner 30%, without a contractual clause, you will each be treated as owning 50% in the event of resale or separation.

Solution: Specify each person's actual ownership share in the deed.

Pitfall 3: Unmarried couples have no automatic protection

Couples who are neither married nor in a PACS have no automatic protection over the jointly-owned property. If one of them dies:

• The surviving partner receives nothing of the deceased's share
• The legal heirs (parents, siblings) can claim their share
• The survivor may be forced to sell the shared home

Pitfall 4: Overlooking the benefits of a PACS for a property purchase

Entering into a PACS (civil partnership) before buying can considerably simplify the situation:

• Default separate-property regime (each partner keeps what they contributed)
• The option to choose an organised joint-ownership arrangement instead
• Tax advantages on inheritance (an €80,724 allowance on inheritance duties)

Pitfall 5: Failing to include a buy-out clause

If one partner wants to sell and the other doesn't, the situation can remain deadlocked for years. A joint-ownership agreement (convention d'indivision) can include a priority buy-out right: one of the co-owners can buy out the other's share at an agreed price.

Without this clause, you are dependent on a mutual agreement or a judge's ruling.

✅ The best protection: See a notary BEFORE the purchase to define the arrangement best suited to your situation. It's 1 to 2 hours of consultation that can save you years of conflict.

⚠️ Legal reminder: This article is for information only. Every situation is unique. Consult a notary or a specialist lawyer for advice tailored to your case.

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