PACS: rights and obligations of partners after a separation

Marie and Nicolas, who have been in a PACS for three years, have just bought a small house in Vallauris. Everything is going well until the day Nicolas announces his departure. Their bank accounts are separate, the mortgage is in both names, but Nicolas stops paying his share. Marie wonders: must he continue to contribute to the payments? What does the law say? A recently decided case in Lille provides welcome clarification.

The Civil Solidarity Pact (PACS) is often chosen for its flexibility, but its legal implications are often misunderstood. Partners commit to material assistance (financial contribution) and to living together, but the rules differ from marriage. The decision of the Lille Judicial Court, handed down on 3 February 2024, helps to clarify these obligations.

In Mougins as in Lille, the question is the same: can a partner evade his financial obligations after the break-up? The judges' answer is clear, and it might surprise you. Let's dive into the details.

The facts: a story that happens every day

In this case, Mr. X and Ms. Y entered into a PACS in 2020. A few months later, they together buy a flat in Lille, financed by a joint bank loan. The PACS provides for a contribution to household expenses in proportion to their respective means. But after the separation in 2022, Mr. X moves out and completely stops repaying the loan. Ms. Y has to bear the monthly payments alone, i.e. €1,200 per month. She then starts legal proceedings.

Before the Lille Judicial Court, Ms. Y claims reimbursement of the sums paid on behalf of Mr. X since the break-up, as well as a future contribution. Mr. X retorts that the obligation of material assistance ceases with the de facto separation. He argues that since the PACS is dissolved by the break-up, no further obligation rests on him. The central question: must the partner continue to contribute to charges incurred during the PACS, even after separation?

The court examined the texts: Article 515-4 of the Civil Code (which sets out the partners' obligations), and Article 515-7 (which governs the dissolution of the PACS). It also compared them with the rules of marriage, where the contribution to household expenses is maintained until divorce. During the hearing, the debates focused on the notion of material assistance and its continuing nature.

After several months of proceedings, the court delivered a judgment that is now a reference.

The reasoning of the court — analysed

The court first recalled the principle: under Article 515-4 paragraph 1 of the Civil Code, partners are required to provide each other with material assistance, i.e. a financial contribution proportionate to their resources. This assistance is distinct from the contribution to household expenses (current expenses). But both continue as long as the PACS has not been dissolved by joint declaration or death. However, the breakdown of cohabitation does not automatically terminate the PACS.

The judges then analysed the scope of this obligation. They emphasise that material assistance is not limited solely to current expenses: it can include the repayment of a mortgage taken out together, because this loan serves the family home, a fundamental need. Thus, even after de facto separation, as long as the PACS has not been officially dissolved, the obligation persists.

In this case, Mr. X had stopped his payments without justification. The court therefore ordered Mr. X to reimburse Ms. Y for the monthly payments she had advanced, i.e. €9,600 for eight months. It also ordered him to continue paying his share until the effective dissolution of the PACS or the sale of the property.

This decision confirms previous case law: the PACS is not a 'light' marriage; it creates binding legal obligations, particularly financial ones. The judges thus refuse to allow a partner to evade his responsibility on the pretext that cohabitation has ceased.

But beware: the court also specified that this obligation is not absolute. If the partner demonstrates that he no longer has the means to pay (e.g. loss of employment), the judge may proportion the contribution. In our case, Mr. X was still working, so his share was due.

What this means for you — concretely

This decision has direct implications for all PACS couples, especially those with joint assets or a loan. If you are in a PACS and are considering separation, be aware that your financial obligations do not expire on the day you leave the home. You must continue to contribute to debts incurred jointly, such as mortgage repayments, until the PACS is dissolved. Concretely, this means that you could be sued by your ex-partner to recover the sums he or she advanced.

Let's take a numerical example: in Mougins, a PACS couple buys a flat for €250,000 with a loan of €1,100 per month. If one partner stops paying after the break-up, the other can take the matter to court to obtain reimbursement. As in the Lille case, the judge could order the defaulting partner to pay the arrears, i.e. several thousand euros.

For couples who stay together, this decision is a reminder: the PACS is not a simple 'cohabitation contract'. It binds you legally, and your financial responsibilities are real. If you own a home in Vallauris or elsewhere, consider formalising your contributions and contributions in writing to avoid any future disputes.

Finally, this case highlights the importance of the dissolution procedure. Do not simply move out; take steps to officially break the PACS (joint declaration at the town hall or notification by bailiff). As long as dissolution is not effective, rights and obligations subsist.

Four tips to avoid this type of dispute

• Draft a personalised PACS agreement: the standard agreement from the town hall is often too general. By specifying the distribution of expenses, each person's share of assets, and the arrangements in case of separation, you avoid conflicting interpretations. Have it drafted by a notary or a lawyer.
• Open a joint account dedicated to common expenses: each month, pay an agreed sum for the loan, bills and maintenance. This creates proof of payments and avoids disputes.
• Keep all supporting documents: bank statements, invoices, loan repayment schedules. In the event of a dispute, these documents are your best allies to show who paid what.
• Anticipate the dissolution: if separation is inevitable, agree in writing on the division of assets and debts. Mediation can help you find a solution without a trial.
• Inform yourself about matrimonial regimes: if your assets are substantial, marriage under a suitable regime (community of property, separation of property) sometimes offers more security than the PACS. Consult a professional for a comparison.

Further reading: related case law and developments

This decision is part of a line of case law. The Court of Cassation had already held, in a ruling of 10 December 2014 (No. 13-24.627), that the obligation of material assistance between partners survived de facto separation. The Lille court thus applies settled case law. However, an earlier decision of the Versailles Court of Appeal (2011) seemed to limit this obligation to current household debts only. The Lille court rejects this restrictive interpretation, confirming that the mortgage falls within household expenses.

In the future, courts can be expected to become increasingly strict: the PACS is no longer a 'low-cost marriage'. Judges want to protect the more vulnerable partner. If you are in the process of separation, do not neglect your obligations, as case law is evolving towards greater rigour.

In practice: what to do

FAQ: your most common questions

Q: My PACS is broken, I move out, do I still have to pay?
R: Yes, as long as the PACS has not been officially dissolved, you must continue to contribute to charges incurred during cohabitation, particularly the mortgage. The obligation of material assistance only ceases upon dissolution.

Q: Can I require my ex to reimburse my share if I paid everything?
R: Yes, you can take the matter to court to obtain reimbursement of the sums advanced, as in the Lille case. Keep all evidence of payment.

Q: What if I no longer have the means?
R: The judge can proportion the obligation to your current resources. You must demonstrate your drop in income (redundancy, illness, etc.).

Q: How long after separation can I take action?
R: The limitation period is 5 years from each unpaid instalment for material assistance debts. Act quickly.

Q: Is the PACS really different from marriage?
R: Yes, on several points: no duty of fidelity, no forced community of property, no right to maintenance after dissolution. But the obligation of material assistance is similar to the contribution to marriage expenses.

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