What Cohabitation Is Under French Law
Cohabitation (concubinage) is defined in Article 515-8 of the Civil Code as a union of fact, characterised by a shared life of stable and continuous character, between two persons — of different or the same sex — living as a couple. No formality is required to enter into it. No formality is required to leave it.
The shared life and life-as-a-couple do not necessarily require the two persons to share the same domicile full-time (CA Douai 12-12-2002 n° 01-03255). Proof of cohabitation is established by any means: utility bills at the same address, a joint bank account, a lease in both names, a cohabitation certificate issued by the municipality. However, courts have ruled that electricity bills alone — or the mere presence of both names on a lease signed years before the death in question — are insufficient to establish cohabitation on their own (Cass. 1ère civ. 3-10-2018 n° 17-13.113 F-PB).
The law of cohabitation has three defining characteristics: it is primarily judge-made law (statute provides almost nothing for cohabitants in patrimonial matters); it is fragmentary (rights and obligations arise almost exclusively in situations of crisis — separation or death); and it is complex (courts of appeal diverge on many questions). In the famous formula of the jurist Jean Carbonnier: cohabitation appears in French law only at the moment it dies.
Daily Life: No Obligations, No Solidarity
No Duty to Contribute to Household Expenses
The most fundamental distinction between cohabitation and the two formalised statuses is that cohabiting partners owe each other nothing by law. There is no obligation to contribute to household expenses — a duty that the Civil Code imposes on married spouses (Art. 214) and PACS partners (Art. 515-4). Each cohabitant bears, personally and definitively, the household expenses they have incurred. This means there are no accounts to settle at the end: the partner who paid more simply paid more, and cannot claim reimbursement for the excess without proving a specific obligation to the contrary (Cass. 1ère civ. 28-11-2006 n° 04-15.480). Nothing prevents partners from concluding a cohabitation convention to govern how they share daily expenses — such an agreement, if proved, creates enforceable obligations.
No Joint and Several Liability for Household Debts
A cohabitant is not jointly and severally liable for household debts contracted by the other. This contrasts directly with married spouses and PACS partners, both of whom are bound by the solidarity mechanism of Article 220 of the Civil Code. Each cohabitant answers only for debts they have personally contracted (Cass. 1ère civ. 23-3-2011 n° 09-71.261; Cass. 1ère civ. 7-11-2012 n° 11-25.430). The theory of apparent authority is applied with great strictness — a "legitimate error severely assessed" — which virtually eliminates it as a practical risk for professional creditors who failed to check civil status. Where cohabitants jointly operate a business together, however, the joint exploitation confers on each the status of trader and justifies joint and several liability for business debts (Cass. com. 28-6-1983).
The absence of household debt solidarity cuts both ways. A cohabitant's partner's creditors cannot reach them — an advantage over PACS and marriage. But neither can the cohabitant compel their partner to contribute to shared costs, pay their share of a joint lease, or meet any household obligation. Without a written agreement, each partner is entirely independent — financially exposed only for their own debts, but equally unsupported by the other's resources.
Income Tax: Separate Filing
Cohabiting partners are taxed separately on income. Each files their own return. Where neither parent can claim to bear a child's maintenance principally or exclusively, the child is deemed equally the charge of both, and each parent receives half the corresponding quotient familial uplift (CE 20-12-2017 n° 397650). For the Impôt sur la Fortune Immobilière (IFI), concubins notoires — an openly acknowledged, stable couple — are in principle subject to joint assessment. This means the real estate wealth tax base is aggregated across both partners, exactly as for married couples and PACS partners, even though the cohabitants enjoy none of the corresponding inheritance or gift tax benefits of those statuses.
Asset Ownership: You Own What You Can Prove
Cohabitation creates no community, no indivision, and no presumption of shared ownership over assets acquired during the relationship. Each partner owns what they personally acquired, created, or received. The dominant rule is strict: each recovers what they can prove is theirs.
Proving Ownership of Real Estate
For real estate, courts look first to the title deed. The ownership split stated in the purchase deed governs, regardless of who actually financed what. If one partner contributed 80% of the purchase price but the deed says 50/50, the legal ownership is 50/50 — and the over-contributing partner's only remedy is a claim for reimbursement of a loan, not a correction of the ownership split (Cass. 1ère civ. 10-1-2018 n° 16-25.190 F-PB; Cass. 1ère civ. 13-2-2019 n° 17-26.712 F-D). Where no breakdown is stated in the deed, ownership is presumed equal. This presumption can be rebutted — courts have ordered unequal splits where one partner proved they repaid the entire mortgage from their own professional income — but the burden of proof is heavy (Cass. 1ère civ. 6-2-2001 n° 99-11.252).
The single most practical risk for cohabiting couples buying property together is a mismatch between the ownership split in the deed and the actual financial contributions. Over-contributing to the purchase without documenting it as a loan creates two problems: you cannot correct the ownership split, and the tax authority may requalify your excess contribution as an indirect gift — taxable at 60% after only €1,594 allowance (Cass. com. 7-7-2009 n° 08-18.365). State the actual proportions in the deed, or document any excess contribution as a notarised loan at the time of purchase.
Proving Ownership of Moveable Assets
For moveable assets — furniture, vehicles, bank accounts, investments — the possessor is presumed to be the owner under Article 2276 of the Civil Code. Where possession is shared or equivocal, ownership is proved by any means: purchase orders, bank statements, credit agreements, receipts. Some courts have held that where cohabitants pooled all their resources, moveable assets acquired during the relationship should be divided equally regardless of individual receipts — but this approach is contested and far from universal.
Housing: Precarious by Default
During Cohabitation
The protections that French law gives to the family home under Article 215(3) of the Civil Code — requiring one spouse to obtain the other's consent before selling or mortgaging the shared residence — do not apply to cohabiting couples. A cohabitant who owns the shared home can sell it, encumber it, or terminate a tenancy without the other partner's agreement at any time.
Where the shared home is rented by one partner only, there is no automatic joint tenancy. If the tenant gives notice, the non-tenant must leave. If the tenant dies or abandons the home, the lease transfers to the surviving or remaining cohabitant — provided they have been living together as a notoriously recognised couple for at least one year at the relevant date (Loi 89-462 du 6-7-1989, Art. 14).
When One Partner Owns the Home
Where the shared home belongs to one partner alone, the other's position is singularly precarious. On separation, the non-owner can be required to leave at any time. On the owner's death, they have no right to remain whatsoever — the home passes to the heirs. The owner-partner can protect the other by making a bequest of the full ownership or the usufruct of the home. But where there are children, any such bequest is subject to the réserve héréditaire and may be reduced if it exceeds the quotité disponible. It will also be subject to inheritance tax at the 60% rate. Life insurance in favour of the surviving partner — sufficient to cover the tax charge and buy out any reserved-share heirs — is a practical complement to any testamentary arrangement.
When Both Partners Own the Home Together
Where the home has been purchased jointly in indivision, either partner can at any time demand a partition — the court is obliged to order it. The only available delay is a judicial stay of up to two years if immediate partition would damage the property's value (C. civ. Art. 820). On separation without agreement, neither partner has any preferential right to be allocated the home — attribution préférentielle is not available to cohabitants on dissolution of a voluntary indivision unless the co-ownership agreement expressly provides for it (Cass. 1ère civ. 26-9-2012 n° 11-12.838).
The partition of the jointly owned principal residence gives rise to no capital gains tax, provided the property was acquired by the cohabitants during their relationship (BOI-RFPI-PVI-10-40-100 n° 40). However, if one partner buys out the other's share by paying a soulte, that payment is subject to the sale duty (5.80% in most departments) plus a 2.50% partition duty — the reduced 1.10% rate available to divorcing spouses and dissolving PACS partners does not apply to cohabitants.
Inheritance and Gifts: The Stranger Treatment
No Intestate Succession Rights
A cohabiting partner who dies without a will leaves the surviving partner with nothing. There is no legal inheritance right of any kind — not even where the deceased had no other heirs, in which case the estate passes to the State. The law treats cohabiting partners as strangers to each other's estates (C. civ. n° 734). To inherit, the survivor must be named in a will. But even a will does not give the surviving cohabitant the same position as a married spouse or a PACS partner. First, the bequest is subject to the réserve héréditaire. Second, cohabitants cannot make a donation au dernier vivant. Third, any amount the surviving cohabitant does inherit is taxed at 60% after a mere €1,594 allowance.
Gifts: Irrevocable, and Taxed at 60%
Cohabitants may make gifts to each other freely — gifts between partners are not immoral, even in an adulterous relationship (Cass. 1ère civ. 25-1-2005 n° 96-19.878). But for all civil and fiscal purposes, they are treated as strangers. The gift tax rate is 60% after a €1,594 allowance — compared to €80,724 with rates never reaching 60% between spouses or PACS partners. Gifts between cohabitants are irrevocable once made; a partner cannot invoke ingratitude simply because the other ended the relationship (Cass. 1ère civ. 10-7-2013 n° 12-18.581).
Even with a will in place, a surviving cohabitant faces 60% inheritance tax after €1,594 allowance — a charge that can consume the majority of any significant inheritance. Life insurance (assurance-vie) is the single most effective tool available: proceeds designated in favour of the surviving partner pass outside the estate entirely and are transmitted with substantially more favourable tax treatment, regardless of marital status. Every cohabiting couple with significant assets should treat assurance-vie as a priority planning step, not an optional extra.
When Cohabitation Ends: Separation
No Formality, No Compensation
Either partner can end cohabitation at any time, for any reason, with no legal formality whatsoever. There is no equivalent to divorce, no judicial process, no notice period, and — critically — no right to financial compensation for economic imbalance created during the relationship. The partner who sacrificed career prospects to raise children, who relocated for the other, who managed the household while the other built a business, receives nothing by operation of law when the relationship ends.
Damages may be awarded where the breakup was caused by proven fault: extreme brutality, incitement to give up employment, particularly cruel or humiliating circumstances (Cass. 1ère civ. 7-4-1998 n° 96-10.581). But the mere termination of a long relationship — even after 18 or 40 years — gives rise to no claim in itself. The courts have been equally clear that making voluntary payments to an ex-partner for several months after separation does not create an ongoing enforceable obligation, absent a clear written engagement (Cass. 1ère civ. 23-5-2006 n° 04-19.099).
In Case of Accidental Death by a Third Party
Where a cohabitant dies as the result of a third party's fault, the surviving partner may claim damages in tort for the loss suffered, on the same basis as any other victim of the accident (CE 3-3-1978, Muësser; Cass. crim. 29-6-2010 n° 09-82.462). The claim requires proof of a sufficiently stable and durable relationship. Even cohabitation without full-time shared residence has been recognised as a sufficient basis for such a claim (Cass. crim. 2-3-1982 n° 80-95.197).
Recovering Money After Separation: The Legal Toolkit
When cohabitation ends after years of financial intermingling, the partner who gave more faces a fundamental difficulty: the law treats those contributions as final. Recovering them requires surmounting significant legal obstacles.
Professional Collaboration Without Pay
Where one cohabitant worked in the other's business without remuneration, two avenues for recovery exist: the de facto company theory and unjustified enrichment. Since 1 January 2022, however, a cohabitant working in their partner's artisanal, commercial, or liberal business is required to choose one of three formal statuses: collaborating spouse, salaried spouse, or associate spouse (C. com. Art. L 121-8, as amended by Law 2021-1754 of 23-12-2021). This obligation should progressively reduce disputes over unpaid professional collaboration.
Protecting Yourself: What Cohabiting Couples Can and Should Do
The law of cohabitation leaves vast gaps. Those gaps must be filled by deliberate private planning.
| Risk | Without planning | Planning tool |
|---|---|---|
| Surviving partner loses home on death | No right to remain if partner owns the home; or inherited share passes to heirs if joint owners | Will bequeathing usufruct or ownership; SCI with clause d'agrément; cross-dismemberment of SCI shares; clause de rachat in indivision agreement |
| 60% inheritance tax on bequest | 60% tax after €1,594 allowance on everything received under a will | Assurance-vie with partner as named beneficiary — proceeds pass outside the estate at significantly reduced tax cost |
| Dispute over ownership of shared property | Ownership determined by title deed; courts apply 50/50 presumption if deed is silent | State actual ownership split in the purchase deed; document excess contributions as a notarised loan at time of purchase |
| No financial protection on separation | No compensation, no sharing mechanism, no support obligation | Written cohabitation convention specifying financial contributions and reimbursement rights; notarised acknowledgment of loans made between partners |
| Partner can sell jointly owned home without consent | Either co-owner can demand partition at any time; no preferential right of allocation | Include a preferential allocation clause in the co-ownership agreement; or purchase through a SCI where majority, not unanimity, governs |
| Unpaid work in partner's business | Recovery requires proving de facto company or unjustified enrichment — uncertain outcome | Formal status election since 2022 (collaborating/salaried/associate status); or written remuneration agreement at the outset |
The gap between what cohabitation provides and what couples need is wide — and entirely bridgeable with the right planning. Our guides and resources cover the full range of tools available to cohabiting couples in France.
Book a ConsultationThis article is provided for general information and educational purposes only. It does not constitute legal advice and should not be relied upon as such. French family and patrimonial law applicable to cohabiting couples is predominantly judge-made, fact-specific, and subject to divergence between courts. Always seek advice from a qualified French notary or lawyer before making any decision about your situation.
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Key Legal References
Cohabitation (concubinage): definition as a union of fact, stable and continuous, between two persons living as a couple; no formality to enter or leave
No duty to contribute to household expenses: each cohabitant bears personally and definitively the expenses they incurred; no reimbursement without prior agreement
No joint and several liability for household debts: each cohabitant answers only for their own debts; Art. 220 solidarity does not apply
Family home protections: Art. 215 al. 3 consent requirement for sale/mortgage does not apply to cohabiting couples; partner who owns the home can sell at any time
Lease transfer on death or abandonment to cohabitant notoriously recognised as couple for at least 1 year; landlord recovery for benefit of cohabitant
Labour remuneration for co-owner who carried out works on jointly owned property
Improvement cost reimbursement for co-owner who financed conservation or improvement of jointly owned property
Partition stay: court may delay partition by up to 2 years if immediate partition would damage the property’s value
Unjustified enrichment: reimbursement equal to the lesser of enrichment and impoverishment; claim available where one partner financed improvements to the other’s property
Proof of loan over €1,500: written document required (notarised deed or private agreement) signed at time of transfer; electronic documents admissible if sender identified and integrity guaranteed
Professional collaboration status: cohabitant working in partner’s artisanal/commercial/liberal business must choose between collaborating, salaried, or associate status since 1 January 2022
Inheritance and gift tax: 60% rate between strangers (including cohabiting partners); applies after €1,594 allowance
Droit de partage: 2.50% rate applies to cohabitants on partition; reduced 1.10% rate not available (reserved for divorce and PACS dissolution)
Capital gains on partition of jointly owned principal residence: no capital gains tax where property acquired by cohabitants during their relationship
Title deed governs ownership split: courts do not correct split based on actual financial contributions; excess contribution without loan documentation may be requalified as indirect gift at 60%
No attribution préférentielle available to cohabitants on dissolution of voluntary indivision unless co-ownership agreement expressly provides for it
