In the context of a separation between cohabiting partners, the duty of conscience and honor prevents a cohabiting partner from claiming from his former cohabiting partner the repayment of a debt contracted jointly and severally by the couple and paid personally by the former cohabiting partner for the needs of their common dwelling. The Court of Cassation recalled this in its decision of December 19, 2018.
Two concubines jointly and severally agree to finance a loan for the construction of a house belonging to the concubine. The couple separates and the man asks to be repaid the sums he paid to settle the joint loan, the house not belonging to him. The latter believes that he has become poorer for this property and that his concubine has become richer to his detriment.
The Court of Cassation rejected the argument. Here she acknowledges a moral debt in favor of the abandoned concubine in particularly vexatious circumstances. After more than 15 years of living together, the cohabiting partner asked his partner to leave their home, which was the personal property of the cohabiting partner, and when he refused, he forced his new partner into the home for six months.
In view of these factors, the ex-concubine is exempted from reimbursing his ex-concubine the sums used to finance his personal property.