PACS: Rights and Obligations of Partners - Douai 2025 Decision

Sophie and Julien, a couple living in Villefranche-de-Rouergue, signed a civil solidarity pact (PACS) two years ago. Today, they are separating and one question troubles them: who stays in the shared home? Like them, thousands of PACS partners are wondering about the extent of their rights and obligations. Does the PACS protect as much as marriage? The answer is not so simple.

Are you in a PACS and wondering what would happen in the event of a breakup? You are not alone. Every year, disputes arise over financial support, housing or taxation. The wording of the texts is sometimes unclear, and case law fills the gaps.

The Douai Court of Appeal, in a judgment of 6 May 2025, has just recalled the essential principles. It clarifies the rights and obligations of partners, clearly distinguishing what belongs to the PACS and what belongs to marriage. What exactly does this decision say? And above all, practically, what does it change for you?

The facts: a story that happens every day

Mr Dupuis, a sales representative in Rodez, and Ms Legrand, a nurse, entered into a PACS in 2021. They moved into an apartment rented by Ms Legrand, who is the sole tenant. For two years, Mr Dupuis contributed to the day-to-day expenses and even financed improvement works. But the relationship deteriorated. In 2023, Ms Legrand asked Mr Dupuis to leave the premises. He objected, claiming he had rights over the home. He brought the matter before the Rodez District Court, then appealed to the Douai Court of Appeal.

The dispute covered several points: first, the right to remain in the property after termination of the PACS; second, reimbursement of the sums paid by Mr Dupuis; and finally, the question of visiting and accommodation rights, although the PACS does not impose a strict obligation to live together. The court had to decide: does the PACS confer a right to housing comparable to that of marriage?

The decision was awaited, as it highlights the shortcomings of the PACS in terms of protecting the non-owning partner. Unlike marriage, the PACS does not automatically grant a right to remain in the family home. The judges had to interpret the obligation of material support provided for in Article 515-4 of the Civil Code. Verdict: Mr Dupuis did not obtain the right to stay, but he was compensated for the sums invested.

The court's reasoning — explained

The Douai Court of Appeal based its reasoning on Article 515-4 of the Civil Code, which sets out the obligation of material support between partners. This support is proportional to their respective means. In practice, partners must contribute to the costs of daily living, each according to their means. But the law does not precisely define what this material support is, and crucially, it does not create a right to housing.

The judges recalled that the PACS does not impose an obligation to live together, unlike marriage. Thus, a partner cannot demand to stay in the home after the breakup, unless they have made an exceptional contribution to its acquisition or improvement. In the case decided, Mr Dupuis had paid for works amounting to €8,000. The court considered this an investment that exceeded the obligation of material support. It therefore granted him reimbursement of this sum, on the basis of unjust enrichment (Article 1303 of the Civil Code).

The arguments of Ms Legrand, who claimed that the works were a voluntary contribution, were dismissed. The court held that the intention to make a gift was not proved. This decision confirms a trend among courts to protect a partner who has contributed financially beyond their legal obligations. It is not a reversal, but a strict application of the texts. It underscores the importance of keeping proof of payments.

What this means for you — practically

If you are in a PACS, this decision has several practical implications. First, for housing: unlike marriage, the PACS does not automatically give you the right to live in the family home after a separation. If the other partner is the owner or the named tenant, you may be forced to leave, unless you have contributed to the financing of the property. Example: in Rodez, an apartment bought by one partner alone for €150,000. The other contributed to works for €10,000. In case of separation, they can claim that amount, but not the right to stay.

Second, for financial contributions: keep all proof of payment (bank statements, invoices, transfers). In the event of a dispute, you will need to prove that your payments exceed your obligation of material support. If you paid the rent for years, that will be considered a normal contribution, unless your partner has significantly higher income. In that case, partial reimbursement may be claimed.

Finally, for taxation: the PACS allows joint tax returns from the year it is concluded, which can be advantageous. But beware: on separation, this fiscal solidarity ceases immediately. You will have to declare your income separately. If you are in this situation, you must act quickly: the time limit to challenge a potential assessment is two months.

Four tips to avoid this type of dispute

• Draw up a detailed PACS agreement: Do not settle for the standard template. Specify the sharing of expenses, the contribution to housing, and the arrangements in case of separation. This will avoid many conflicts.
• Make an inventory of contributions and payments: From the signing of the PACS, list the assets brought by each and the sums spent. Update this inventory regularly in case of purchases or works.
• When buying real estate, sign a co-ownership agreement: If you buy a property together, even if you are in a PACS, prefer a co-ownership agreement with clearly defined shares. This will facilitate sale or buyout in case of breakup.
• Keep all supporting documents for at least 5 years: Actions for reimbursement on grounds of unjust enrichment are time-barred after 5 years. Keep invoices, statements, contracts. A client in Rodez was able to recover €12,000 thanks to a simple well-filled folder.

Further details: related case law and developments

This decision is part of a line of rulings that tend to align some effects of the PACS with those of marriage, but with limits. Thus, the Court of Cassation, in a judgment of 15 January 2020 (No. 18-26.845), had already held that the non-owning partner could benefit from an occupation indemnity after separation if they had contributed to expenses. Conversely, a judgment of the Paris Court of Appeal of 2 March 2022 refused to recognise a right to housing, considering that the obligation of material support does not create a real right.

The current trend is therefore protective for those who make an excessive contribution, but cautious regarding the extension of rights. The courts look at each case individually, based on the evidence provided. In the future, the legislature may intervene to clarify the PACS regime, particularly regarding housing. In the meantime, caution is advised.

Summary and next steps

Here are the most frequently asked questions about the rights and obligations of the PACS, with the answers you can take away:

1. Does the PACS offer protection if I am not the owner of the home? No, not automatically. You can be evicted by your partner who is the owner, unless you have contributed beyond the obligation of material support.
2. Can I claim a compensatory allowance as in marriage? No, the PACS does not provide for a compensatory allowance. However, you can claim damages if your partner has committed a fault (e.g., breach of trust).
3. What must I prove to obtain reimbursement of my contributions? You must demonstrate that your payments exceed your share of the material support. Keep all supporting documents.
4. Is the PACS easily revocable? Yes, by joint or unilateral declaration before the registrar of civil status. Effects cease immediately, but debts contracted jointly remain joint and several.
5. What is the difference with marriage regarding succession? The PACS partner has no automatic inheritance right. They can inherit if a will provides for it, but they are subject to heavier taxation (60% beyond the allowance of €15,932).

Are you in a similar situation? A first 30-minute consultation with Maître Perucca (€45) may save you months of proceedings — and often much more. Book an appointment →