Home > Expert advice > Fact sheets > Protecting your PACS partner or cohabitation
Protecting your PACS partner or cohabitation
PACS protection
What rights does the law give him?
The law does not grant any rights to pacs partner or cohabiting partner over your estate. If you do not legally protect your partner or cohabiting partner, he or she will not collect any of your property when you die.
However, your PACS partner has the right to use the accommodation you occupy together and the furniture that furnishes it free of charge for 1 year. If this dwelling is rented, the estate must reimburse the amount of the rents.
How to protect your partner or partner?
It is possible to draw up a will for the benefit of your partner or partner. If you have children, the bequest you grant to your partner or common-law partner must not affect their share of the inheritance under the law (the hereditary reserve). You can only leave him the share of goods that you can freely dispose of (the available quota). This varies depending on the number of children you have.
Number of children of the deceased Reserve Quota available1 child1/2 of the property in any ownership1/2 in any ownership2 children2/3 of the property in any ownership1/3 in any ownership3 children or more3/4 of the property in any ownership1/4 in any property.
Namely : your PACS partner does not pay any inheritance tax on the property you leave him. On the other hand, your partner is liable for transfer tax up to 60% of the value of the property he receives.
Other techniques can also be used: SCI, tontine... They require a thorough examination of your personal situation.
The law does not grant any rights to pacs partner or cohabiting partner over your estate. If you do not legally protect your partner or cohabiting partner, he or she will not collect any of your property when you die.
However, your PACS partner has the right to use the accommodation you occupy together and the furniture that furnishes it free of charge for 1 year. If this dwelling is rented, the estate must reimburse the amount of the rents.
How to protect your partner or partner?
It is possible to draw up a will for the benefit of your partner or partner. If you have children, the bequest you grant to your partner or common-law partner must not affect their share of the inheritance under the law (the hereditary reserve). You can only leave him the share of goods that you can freely dispose of (the available quota). This varies depending on the number of children you have.
Number of children of the deceased Reserve Quota available1 child1/2 of the property in any ownership1/2 in any ownership2 children2/3 of the property in any ownership1/3 in any ownership3 children or more3/4 of the property in any ownership1/4 in any property.
Namely : your PACS partner does not pay any inheritance tax on the property you leave him. On the other hand, your partner is liable for transfer tax up to 60% of the value of the property he receives.
Other techniques can also be used: SCI, tontine... They require a thorough examination of your personal situation.
Good to know
In all cases, PACS partners cannot pool the movable and immovable property they owned before formally uniting, without resorting to donation.
Other fact sheets
To go further:
Our guide to frequently asked questions about real estate is here to help you see more clearly.
Quickly find an effective letter template to meet your expectations as much as possible.
