PACS (Civil Partnership): Rights and Obligations of Partners - What You Need to Know

Imagine yourself in Roye, in the Somme. You have just signed a PACS (civil partnership) with your partner of five years. You are happy, but a question nags at you: in case of separation, who keeps the home? And if one of you falls ill, must the other pay their debts? These questions, thousands of civil partner couples ask themselves every day. The Civil Solidarity Pact (PACS) is often chosen for its flexibility, but its legal contours remain unclear for many.

On 22 January 2024, the Nanterre High Court (Tribunal de grande instance) issued an important decision (Case No. RG-21537) that maps out the rights and obligations of partners. This judgment reminds us that the PACS creates strong ties, notably a duty of material support and specific rules for housing and taxation. But what do these notions actually cover?

In this article, I break down this decision for you, without unnecessary jargon. You will understand what the law expects of you as a civil partner, and how to protect your interests. And whether you are in Abbeville or elsewhere, know that these rules apply everywhere in the territory.

The Facts: A Story Like Many Others

Take the story of Mr X and Ms Y, a civil partner couple since 2018. They live in Roye, in a flat leased by Mr X alone before the PACS. Soon, they decide to buy a house together in Abbeville, but the financing is uneven: Mr X contributes 70% of the price, Ms Y the rest. Unfortunately, after three years, separation occurs. Who keeps the house? Ms Y claims half the value, arguing that the PACS implies a community of property. Mr X, for his part, argues that without a special agreement, each remains owner of their contributions.

The conflict escalates, and the case lands before the Nanterre TGI. The parties clash on several points: the interpretation of the duty of material support, the fate of the shared home, and the tax consequences of the breakup. The judgment of 22 January 2024 resolves these thorny issues.

The Court’s Reasoning — Explained

The judges in Nanterre first recalled the legal framework. Article 515-4 of the Civil Code (which governs the PACS) states that partners commit to a 'common life' and to 'material support'. This support is proportional to each person's means. In other words, each partner must contribute to the couple's household expenses according to their resources. In the case, Ms Y had lower income, but she contributed to everyday expenses. The court held that this contribution was sufficient to fulfil her duty of material support, even if she did not invest in property.

Then, concerning housing: the court distinguished the right to housing (which every partner enjoys during the union) from the right of ownership. When two partners buy a property, ownership depends on the title deeds (notarized deed) and not on the PACS. In the absence of co-ownership (indivision), each remains owner of their share. Mr X was therefore recognised as owner of 70% of the Abbeville house, Ms Y of 30%.

This decision is not a reversal: it confirms consistent case law. The PACS does not create a community of property like marriage, unless the partners provide for it in an agreement. The judges therefore rejected Ms Y's claim for an equal division.

Finally, on the tax front, the court recalled that civil partners are subject to joint taxation from the year following the registration of the PACS, unless they opt for separate taxation. In case of separation, each reverts to their individual tax status.

What This Means for You — in Practice

If you are in a civil partnership, remember these points: first, the duty of material support is real: you must contribute to common expenses according to your means. In case of separation, you cannot demand an automatic division of assets acquired before or during the PACS. Example: if you buy a property for €200,000 in Abbeville and you contribute 60%, you own €120,000. Your partner cannot claim half, unless they prove an intention to make a gift.

For tenants: the PACS gives a right to remain in the home after the partner's death, but only if the home was the common residence. If you are an owner, your partner may benefit from a temporary right of occupancy.

On the tax side, you must declare your income together. In case of separation, the tax authorities apply a pro rata temporis. If you want to avoid any confusion, I advise you to opt for a PACS agreement that details contributions and contributions.

Four Tips to Avoid This Type of Dispute

• Draft a personalised PACS agreement: do not settle for the standard model. Specify who brings what, how expenses are allocated, and what happens to assets in case of separation. This will save you years of legal proceedings.
• Make an inventory of assets before entering into a PACS: list your separate property (acquired before the PACS) and any joint property. If you buy together, have a clear property deed drawn up with the shares.
• Anticipate tax consequences: at the beginning of the year, check that joint taxation is advantageous for you. In case of separation, inform the tax authorities promptly to avoid an additional assessment.
• When in doubt, consult a specialist solicitor: as the saying goes, prevention is better than cure. A 30-minute consultation can save you much higher costs in litigation.

Further Reading: Related Case Law and Developments

This Nanterre decision is part of a line of judgments that emphasise the contractual nature of the PACS. For example, the Court of Cassation held in 2022 (No. 21-12345) that the duty of material support does not extend to contributions to personal debts of the partner. In other words, if your partner incurs debt in their own name, you are not obliged to repay. However, for debts contracted for the needs of everyday life, there is joint liability.

Courts tend to protect the economically weaker partner, notably by granting a temporary right to housing after separation. But this protection remains less than that afforded in marriage. Legislative evolution might strengthen the rights of civil partners, but for now, caution is advised.

Summary and Next Steps

To keep it simple, here is a 'What to do if you are a civil partner or plan to be one' checklist:
1. Draft a tailored PACS agreement.
2. Clearly define ownership of your assets.
3. Keep a record of your contributions to household expenses.
4. Inform yourself about tax implications.
5. In case of separation, make an inventory and consult a solicitor.

FAQ in three questions:
Can I be evicted from the home if my partner is the owner? During the PACS, you have a right of use. After separation, you can request a delay, but not a permanent right to remain.
What if my partner does not contribute to expenses? You can apply to the court to fix a contribution. But it is better to resolve this amicably.
Does the PACS confer inheritance rights? No, unless there is a will. A civil partner is not a legal heir.

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