Separation

Can a Civil partnership partner abandon the “marital” home?

Publié le 11 septembre 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Isabelle has just had a violent argument with her friend Nelly, with whom she has been with since 2008. Nelly told her that she was leaving their home and moving to another address. Isabelle has no objection to her departure. The purchase of the house in which they live is financed by a solidarity loan for which many maturities remain to be settled. Isabelle would like to know if her CIVIL PARTNERSHIP partner has the right to leave and leave her alone, and if, once she leaves, she will continue to pay the credit terms and expenses associated with this accommodation.

Service-Public.fr replies:

When the CIVIL PARTNERSHIPS are concluded, and for the entire duration of this contract, the partners undertake to mutually declare a common residence to the authorities concerned (town hall, tax services). This does not prevent them from having separate residences and living apart. In the CIVIL PARTNERSHIPS, there is not as in marriage this notion of marital home obliging the spouses to a community of life.

One of the partners may have a residence other than the common residence. It is therefore not at fault for a CIVIL PARTNERSHIP partner to abandon the agreed common residence. This is not the case in marriage because abandonment of marital home can be a fault.

The departure from the common residence does not relieve Isabelle's companion from continuing to pay the expenses of everyday life to the extent of her faculties as long as the CIVIL PARTNERSHIPS are not broken. Material aid, which is compulsory in the CIVIL PARTNERSHIPS, is proportional to the respective financial capacities of the partners.

Similarly, Nelly’s participation in the loan is necessary because it is jointly and severally committed to the bank to repay it. If she fails to pay her share and Isabelle repays the full amount, Isabelle can exercise a action for recovery against the debtor in order to force him to repay it (legal proceedings brought by a person, guarantor, defendant..., against the true debtor in order that the latter complies with his commitments and obligations).

Additional topics

Agenda