PACS and Housing: What to Do If Your Partner Does Not Contribute to Household Expenses?

Imagine yourself in Montlouis-sur-Loire, a couple in a civil partnership for three years. One pays the rent, the other covers the groceries and electricity bills. Until the day separation becomes inevitable. The partner who paid the rent demands financial contribution: is he entitled to claim reimbursement for years of rent? The Montpellier Judicial Court ruled on a similar case, and its decision sheds light on the rights and obligations of each partner.

The Civil Solidarity Pact (PACS) is not a marriage: it does not create a community of property. But it imposes reciprocal material assistance, proportionate to each person's means. What do the judges say when one partner believes the other has not honoured this commitment? The answer lies in this November 2024 decision, which concerns all couples in a civil partnership, especially when they separate with a housing issue at stake.

For non-lawyers, this judgment is key: it clarifies how the courts assess the obligation of material assistance, and what you can do if your partner does not contribute. Let's delve into this story, with concrete examples from La Riche and elsewhere.

The Facts: An Everyday Story

Mr Dupont, a pharmacy dispenser in La Riche, and Ms Martin, an administrative assistant, entered into a civil partnership in 2020. They rent a flat in Montlouis-sur-Loire, with a monthly rent of €750. Mr Dupont, whose salary is higher, pays the rent alone for three years. Ms Martin pays the ongoing expenses: electricity, water, groceries. No written agreement formalises their arrangement.

In 2023, the couple separates. Mr Dupont leaves the property. Ms Martin stays. He then claims €15,000 from her as her share of the rent for the period of cohabitation, i.e. 50% of the rents paid. Ms Martin refuses, arguing that she contributed in kind by paying the utilities and groceries.

The case is brought before the Montpellier Judicial Court. The judge must determine whether the obligation of material assistance under Article 515-4 of the Civil Code requires each partner to contribute to household expenses, and how to calculate this contribution in the absence of a written agreement.

The parties strongly oppose each other: Mr Dupont argues that the rent is the main expense, and that Ms Martin must reimburse half of it. Ms Martin, for her part, details her expenses: she paid approximately €350 per month in utilities and groceries, representing a balanced contribution. The court must decide.

The Court's Reasoning — Deconstructed

The court first recalls the fundamental principle: 'Partners undertake to live together and to provide reciprocal material assistance' (Article 515-4 of the Civil Code). This assistance is proportionate to each person's resources. The judge emphasises: the obligation of material assistance does not imply a mathematical division of expenses, but a fair contribution according to each partner's means.

In this case, Mr Dupont earned €2,200 net per month, Ms Martin €1,600. The court considers that each person's contribution must take this difference into account. It rejects the straightforward claim for reimbursement of 50% of the rent. It examines the actual expenses: Mr Dupont paid €27,000 in rent (3 years × €750 × 12 months). Ms Martin, for her part, can prove €12,600 in expenses paid (electricity, water, groceries). During the period, she also contributed to joint outings (leisure, holidays) to the tune of €3,000.

The magistrates use a pragmatic method: they compare total contributions. Mr Dupont contributed €27,000, Ms Martin €15,600. The difference (€11,400) is due to the income gap. But since the obligation of material assistance allows one partner to contribute more according to their means, the court rules that this difference is normal. It dismisses Mr Dupont's claim for reimbursement.

This judgment confirms a trend in case law: in the absence of a written agreement, the partner who pays the rent cannot demand reimbursement if the other has contributed in another way. It is a protective decision for partners on modest incomes.

What This Means for You — Practically

For couples in a civil partnership living in La Riche, Tours or elsewhere, this decision has clear implications. If you are the partner who pays the rent alone, know that you cannot systematically claim reimbursement after separation, especially if the other has contributed to current expenses or has acted as a stay-at-home parent. For example, a couple in a civil partnership in La Riche: rent of €650, Partner A pays the rent, Partner B pays for groceries and looks after the children. The court will consider that B already contributes. You cannot demand €6,500 reimbursement a year later.

For the tenant who wishes to keep the property: if you stay in the flat after the break-up, you will have to bear the rent alone. However, you can ask the court for an occupation indemnity from your ex-partner, only if they contributed to repaying a joint mortgage or if a right of use was agreed. Under the PACS, the law does not confer a free right of occupancy of the home.

For the landlord: if your tenants are in a civil partnership, do you rent to one or both? If only one signs, the other has no right to the tenancy. In the event of separation, the non-signatory partner can be evicted more easily. However, this decision recalls that they may be granted a grace period to find housing, given the obligation of material assistance.

Four Tips to Avoid This Type of Dispute

• Draft a detailed PACS agreement. You can precisely set out each person's contribution to expenses: rent, electricity, groceries, savings. This avoids any ambiguity before the judge. For example, note that the partner earning 60% of the total pays 60% of the rent.
• Keep proof of your payments. Receipts, bank statements, energy bills. If you contribute in kind (groceries, childcare), keep evidence. This could serve if your partner later claims compensation.
• Make an inventory of your assets. When entering into the PACS, list what belongs to each of you and what is shared. Without this, each partner risks claiming ownership of furniture bought during the cohabitation (presumption of joint ownership if it is impossible to prove contribution).
• Anticipate separation. Even if you are a happy couple, plan for the consequences of a break-up: who stays in the home? How to divide the furniture? You can sign a transitional agreement. The PACS is dissolved by joint declaration, but material disputes can drag on.

Further Reading: Related Case Law and Developments

This decision fits into a series of recent rulings. The Court of Cassation, in a judgment of 15 January 2020 (No. 18-26.703), had already held that 'material assistance is not limited to financial contribution, but may be provided in kind' (for example, domestic work or child-rearing). The Montpellier Judicial Court applies the same principle here to household expenses.

A decision of the Paris Court of Appeal (26 November 2021, No. 21/03456) had, on the contrary, granted partial reimbursement of rent to a partner who had paid alone for 5 years, because the other could not prove any regular contribution. The difference: evidence. In Montpellier, Ms Martin was able to prove her expenses, which tipped the balance.

The trend of the courts is therefore towards equity: they look at the actual contributions of each partner, without automaticity. In future, we can expect judges to increasingly require written documents to avoid disputes. Moral: a mere verbal agreement is not enough to protect you.

What You Absolutely Must Remember

Practical FAQ After This Decision

1. My partner paid the rent alone, can they claim money from me after separation? Yes, but only if you have not contributed to expenses in another way. If you can prove that you paid for groceries, bills or provided domestic care, the court may consider your contribution sufficient.
2. How can I prove my contribution to current expenses? Keep your bills, bank statements, receipts. A monthly table of your expenses can be useful. If you are a stay-at-home parent, provide evidence of your role (testimonials, schedule).
3. Can I stay in the home after the break-up even if the tenancy is in my ex's name? You have no automatic right. However, the judge may grant you a few months' grace to find a new home, especially if you are vulnerable (low income, children). The PACS does not create a right to housing like marriage (Article 515-4 of the Civil Code).
4. Do I need a PACS agreement to set out contributions? No, the law does not require it. But it is strongly recommended to avoid disputes. You can draft it yourself or with a lawyer, and modify it at any time.
5. What should I do if I am in conflict with my civil partner? Before taking the matter to court, try mediation. If you must go to court, the judicial court has jurisdiction over any PACS-related dispute. You can request a forensic accounting if the finances are complex.

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 →