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Buying together: the precautions to take
Buy as a couple
Buying a property as a couple requires prior thought.
If you are married, your matrimonial regime defines the status of the property. It will be common or will belong to a single spouse depending on its method of financing, and your matrimonial regime.
Note: When the purchase of a common property is partly financed with money personally belonging to one of the spouses, consider inserting an "employment or re-employment clause" in the deed of purchase, which specifies that all or part of the personal contribution consists of money belonging to a single spouse.
If you have concluded a PACS, refer to your agreement: it is possible that you have adopted the regime of indivision. An undivided property belongs to both PACS partners.
If you have entered into or amended your PACS since January 1, 2007, you may have chosen to subject the property you purchase together or separately to the joint ownership regime after registration of the PACS. In this case, half of the property is considered to belong to each PACS partner.
If you concluded a PACS before 1 January 2007, without having modified it, half of the goods you purchase belong to each partner, unless the deed of purchase mentions otherwise.
If you buy with your partner, the property is subject to the regime of indivision.
Note : when buying jointly , remember to indicate in the act of purchase the share of each (for example: 50/50, 70/30 ...). It is possible to set up an indivision agreement to specify the rules applicable to the administration of the property, the payment of expenses, etc.
If you are married, your matrimonial regime defines the status of the property. It will be common or will belong to a single spouse depending on its method of financing, and your matrimonial regime.
Note: When the purchase of a common property is partly financed with money personally belonging to one of the spouses, consider inserting an "employment or re-employment clause" in the deed of purchase, which specifies that all or part of the personal contribution consists of money belonging to a single spouse.
If you have concluded a PACS, refer to your agreement: it is possible that you have adopted the regime of indivision. An undivided property belongs to both PACS partners.
If you have entered into or amended your PACS since January 1, 2007, you may have chosen to subject the property you purchase together or separately to the joint ownership regime after registration of the PACS. In this case, half of the property is considered to belong to each PACS partner.
If you concluded a PACS before 1 January 2007, without having modified it, half of the goods you purchase belong to each partner, unless the deed of purchase mentions otherwise.
If you buy with your partner, the property is subject to the regime of indivision.
Note : when buying jointly , remember to indicate in the act of purchase the share of each (for example: 50/50, 70/30 ...). It is possible to set up an indivision agreement to specify the rules applicable to the administration of the property, the payment of expenses, etc.
Good to know
Without adjustment, let us not lose sight of the fact that cohabiting partners are foreign to each other and unfavorable taxation is applicable to them in the event of gift or inheritance (60% taxable).
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