Consequences of common law (cohabitation)

Verified 22 October 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Are you in a common law relationship? The cohabitation does not entail any obligation between the two cohabitation partners, unlike the marriage. Each of you can break this union at any time. Cohabitation can have an effect on some social benefits or on your tax situation. These consequences are more limited than those applying to persons married or bound by a Civil partnerships: titleContent. We'll tell you what you need to know.

You're common-law partners if you have a stable and continuous common life, whether you live in a different-sex or same-sex relationship.

The cohabitation does not create no obligation between you 2.

Under the law, you do not owe fidelity, help or assistance to your partner, unlike married people.

You can't have your partner's name.

FYI  

In cases of domestic violence, you're protected like a married person.

As a cohabiting partner, you may be designated as guardian or curator, or as authorized person of your spouse, if he/she suffers from an impairment of his/her faculties preventing him/her from expressing his/her will.

You must apply to the guardianship judge of the court on which your partner's place of residence depends.

Who shall I contact

Rented accommodation

The rules depend on your situation:

Répondez aux questions successives et les réponses s’afficheront automatiquement

Only one of the concubines signed the lease

If you don't sign the lease, you have a right only to the housing in the event of death or abandonment of the home the person who signed the lease, subject to certain conditions.

He doesn't have to pay unpaid rents (unless he's been surety).

The two concubines signed the lease

All two of you have the same rights.

The two of you have to pay the rent.

To terminate the lease, you must agree and inform the lessor, either together or separately.

If only one of you two wants to leave the house, he must give notice (leave) to the owner. The lease continues with the other.

The departing party shall remain liable for rent and expenses for a period of time depending on the situation (maximum 6 months from the end of the notice of departure).

Housing purchased

The rules depend on your situation:

Répondez aux questions successives et les réponses s’afficheront automatiquement

Housing purchased by a single cohabiting partner

He who is not the owner has no rights on housing.

Please note

Special rules may apply in case of separation if you have a common minor child.

Accommodation purchased by the 2 concubines

You are every 2 considered as owners undivided housing by half.

The act of purchase may provide for a different distribution.

The property acquired by each of you is personal.

Your assets are separate.

If you make a joint purchase, it is a undivided property.

You must prove property belongs to you, if necessary (for example in case of conflictual separation).

This evidence can be provided by various means, for example, statements of account, a credit, a copy of a check.

Please note

In case of donation of your partner to you, you are not entitled to any abatement. You have to pay tax at the rate of 60%.

Your debts are also personal.

All 2 of you are engaged, only in the event of joint and several liability, i.e. if you have all 2 expressly committed.

The consequences of common law depend on the tax concerned.

Income tax

Each of you 2 must fill out separately a return for income received by the taxpayer during the taxation year.

Please note

When the charge of a common child is shared equally between you 2, each can benefit from half of the family quotient.

Each of you 2 pays the tax due on your personal income.

You're not joint and several the payment of the tax due by your partner.

Please note

In case of separation, you are exempt if you realize a gain on the sale of your main residence. It is sufficient that one of the concubines has occupied the dwelling until it is offered for sale.

Real estate wealth tax

If you are notorious concubines, you are jointly imposed.

All your real estate is affected, whether personal or undivided.

Your partner is considered in certain situations.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Private sector

You can receive rights in the following cases:

Please note

You may, under conditions, benefit from unemployment benefit if you resign to follow your partner who changes his or her place of residence in order to take up a new job.

Public service

You can receive rights in the following cases:

You can't ask for a lay-off to join your partner.

Please note

You may, under conditions, benefit from unemployment benefit if you resign to follow your partner who changes his or her place of residence in order to take up a new job.

The situation varies depending on whether the child is your couple's or only that of one of the cohabiting partners.

Common child

If you're not married, the father must recognize the child.

Recognition establishes the filiation between the child and his father.

As a father, it allows you to get parental authority on your child.

However, if you recognize your child after the age of one year, additional steps are necessary.

Each of you 2 can have a family record book, if your 2 names are in the birth certificate.

Uncommon child

You have no rights or obligations towards your partner's child.

You have no parental authority over your spouse's child.

This authority shall be exercised by his or her parent(s).

The child's parent(s) may request a delegation-sharing of parental authority in your favor.

Please note

The agreement of a single parent for the delegation is sufficient only if that parent alone exercises parental authority over the child.

The child's parent(s) must enter the Jaf: titleContent the court of law on which the child's domicile depends.

The use of a lawyer is not mandatory.

Who shall I contact

The delegation of parental authority gives you rights to participate in the day-to-day life of the child (visit to the doctor, enrollment in school, etc.) and in important decisions concerning him (school orientation, etc.), according to the judge's decision.

Please note

The adoption of your partner's child is permitted under certain conditions.

Each of you 2 (working or living in France) is entitled to social security in a personal capacity.

Please note

If you have a minor child, you can ask that it be attached to your 2 Vitale cards.

The right to family allowances is linked to the presence of one or more children. It's not related to your marital status.

If you have at least one child in your care, you are eligible for benefits.

However, you you're not entitled to the services reserved for lone parents (family support allowance (FSA) for example) if you live in a cohabiting relationship.

FYI  

For means-tested benefits, your earnings at all 2 are taken into account.

The following allowances shall be paid on a means-tested basis:

If you live in a cohabitation, the allocation of these benefits takes into account your income to all 2.

Please note

Since 1er october 2023, your partner's resources no longer taken into account in calculating your AAH: titleContent (it is deconjugalized). However, if you received the AAH before that date, consideration of your partner's resources is maintained only if it is more advantageous for you.

You have no no rights on your partner's inheritance in case of death.

In order for you to have rights, your partner must write a will in your favor.

For the calculation of inheritance tax, you are considered to have no connection between you.

You will therefore have to pay duties at the rate of 60%, after a abatement of €1,594.

As a surviving spouse, you have straight step to one survivor's pension.

If you receive a survivor's pension (for a previous marriage), you can, in some cases, to lose your right if you live in a common-law relationship. This is the case for example if you are widow or widower of an official or military.

When the cohabitation ends, you can ask to regain your survivor's pension.

Please note

If you touch a survivor's pension as a widow or widower of an employee, you do not lose your rights in the event of a cohabitation.

Who can help me?

Find who can answer your questions in your region

  • Telephone administrative information - Allo Public Service

    • accès

      For more information on this topic, you can contact Allô Service Public.

      Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.

    • horaires
      • Lundi : de 08h30 à 17h30
      • Mardi : de 08h30 à 12h15
      • Mercredi : de 08h30 à 12h15
      • Jeudi : de 08h30 à 17h30
      • Vendredi : de 13h00 à 16h15

    • Request a call

      coût Service free
    • service

      The informants who answer you are from the Department of Justice.

  • Departmental Agency for Housing Information (Adil)