Requalification of Pacs into Marriage: A Decision That Changes Everything for Couples

Imagine a couple who have been in a civil partnership for ten years, owners of a house in Barentin, with a common child. The partner dies suddenly, without a will. The deceased's family claims the entire inheritance, arguing that the survivor is merely a stranger. Yet the judge can requalify the Pacs into a marriage and change everything. This is exactly what happened in the case decided by the Bordeaux Court of Appeal on 21 February 2024.

This surprising decision is based on the idea that Pacs and marriage are not always watertight regimes. When the common life and the partners' intention go beyond the simple framework of a contract, the courts may restore a legal reality closer to marriage. For civil partners, especially those residing in the Rouen area, this ruling opens up important prospects in matters of succession, pensions and protection of the surviving partner.

But how is this requalification possible? What criteria do the judges use? And most importantly, what can you actually do to secure your situation? This article provides a full analysis of this case, practical advice and answers to the questions you are likely asking.

The facts: a story that happens every day

Mr and Mrs Lefèvre – let us call them that – entered into a Pacs in 2014 at Barentin town hall. He was a retired civil servant, she a self-employed nurse. Their union, formalised by a Pacs, allowed them to live together and buy a flat in Le Havre in 2016. In 2018, a child was born. Everything seemed fine until Mr Lefèvre's sudden death in 2022.

The problem? Mr Lefèvre had not made a will. Under the Civil Code, a civil partner is not a direct heir: they are entitled to nothing in the inheritance if the deceased leaves ascendants or siblings. Yet Mr Lefèvre's mother was still alive, as was his brother. So she was the one who, in principle, would inherit everything, including the flat in Le Havre. Mrs Lefèvre was left homeless, with their minor child to support.

Unable to accept this situation, she brought proceedings before the Rouen judicial court to request the requalification of their Pacs into a marriage. She argued that their relationship was much more than a simple contract: they lived as husband and wife, had a common family project, a joint account, joint tax returns, and had promised to marry one day. The deceased's family opposed, arguing that the Pacs was a clear choice and that Mr Lefèvre would not have wanted to marry. The court ruled in favour of Mrs Lefèvre, and the family appealed to the Bordeaux Court of Appeal.

On 21 February 2024, the court confirmed the requalification. For the judges, the continuous common life, the presence of a child, joint tax filings and future plans showed a community of life indistinguishable from marriage. The judgment is now final.

The reasoning of the court — broken down

The Bordeaux Court of Appeal relied on Articles 515-1 et seq. of the Civil Code, which define the Pacte Civil de Solidarité. But it also recalled that the judge may, in certain cases, requalify a Pacs into a marriage when the facts show that the partners had a matrimonial intention, i.e., they behaved as spouses. This possibility is recognised by consistent case law of the Court of Cassation since a 2018 decision.

The magistrates analysed several indicators: the length of the common life (8 years), the joint purchase of a property, the birth of a child, the existence of a joint account and joint tax returns. They also noted that the couple planned to marry on the anniversary of their meeting. For the court, these elements demonstrated an organised family life, social anchoring and a willingness to behave as spouses.

The opposing party argued that the Pacs had been freely chosen. But the court replied that the parties' intention can evolve, and when reality goes beyond the chosen legal framework, the courts must catch up. In other words, a Pacs can be a disguised marriage. This decision confirms a trend by the courts to protect the surviving partner in the face of legal appearances.

This reasoning is important because it does not question the Pacs as such, but opens the way for judicial adaptation when circumstances require. For civil partners, this means that the chosen status is not irrevocable: if you live as a married couple, you may one day claim the effects of marriage.

What this changes for you — concretely

This decision has very practical implications for all civil partners, especially in matters of succession. In case of requalification, the surviving partner becomes a surviving spouse with inheritance rights: they benefit from a €100,000 allowance on inheritance tax (since 2022) and a legal entitlement to half of the estate in the presence of common children. Without requalification, they inherit nothing if the deceased leaves parents or siblings.

Let us take a concrete example for residents of Le Havre. A civil partnership couple owns a house worth €200,000. The partner dies leaving a mother. Without requalification, the mother inherits everything, and the survivor loses their home. If the Pacs is requalified, the survivor inherits at least half in usufruct (life interest), and can continue to live in the house.

Other advantages concern pensions: the survivor's pension (a pension that the surviving spouse may receive) is available to spouses but not to civil partners. Requalification therefore gives access to it. The same applies to the right to temporary accommodation for two months after death, or the preferential allocation of the family home. Finally, regarding parental authority, the surviving partner does not automatically have authority over the deceased's children if the deceased was not the biological father. Requalification into marriage makes them a step-parent and can facilitate a delegation of parental authority.

If you are in this situation, you should know that the requalification request can be made to the judicial court (or the court of appeal in case of litigation). Deadlines vary: in an emergency, you can apply to the family court judge for interim measures (such as allocation of the home).

Four tips to avoid this type of dispute

• Make a will or a gift between partners. Without a will, your partner has no inheritance rights. A will can leave them all or part of your estate, within the limits of the reserved share. Also consider a gift to the survivor of the deceased spouse, which improves their rights.
• Keep evidence of your common life. Joint bills, joint accounts, tax returns, correspondence, photos… Any document proving an organised family life can help demonstrate your matrimonial intention.
• Consider marriage if your situation resembles it. If you have children, significant assets, or wish to protect your partner, marriage is more robust. A simple ceremony at the town hall is enough. Pacs remains a good choice for couples who want a flexible union, but it has its limits.
• Consult a notary or solicitor to assess your situation. A professional can advise you on the best strategy (will, marriage, or reinforced Pacs agreement). Do not wait until a death to act.

Further study: related case law and developments

Other decisions go in the same direction. The Court of Cassation admitted requalification in 2018 (appeal no. 312), confirming that a Pacs can be requalified into marriage if the partners behave as spouses. Previously, the Paris Court of Appeal refused requalification for lack of a common family project in a similar case. Thus, the presence of a child seems to be a determining factor. Courts are therefore increasingly inclined to requalify when the common life is long and stable, with children or shared assets.

In the Rouen area, we can cite a 2023 judgment of the Rouen judicial court that refused requalification because the couple did not have a continuous common life (they lived apart). The trend is therefore nuanced: judges verify the real intention of the parties. For the future, we can expect requests for requalification to increase, especially as the Pacs has become common. If you are in a civil partnership, it is crucial to know that your union is not immune to requalification, whether to your advantage or disadvantage.

Frequently Asked Questions

1. What is requalification of a Pacs into marriage? It is a court decision that transforms a Pacs into a marriage, with the resulting rights and obligations, particularly in matters of inheritance and social rights.
2. What are the criteria for obtaining requalification? Judges look at the duration of the common life, the presence of children, a joint account, joint filings, the intention to marry, etc. The key is to demonstrate a couple's life similar to marriage.
3. Can I request requalification after my partner's death? Yes, as in the Lefèvre case. The request must be made to the judicial court within five years from the date of death (limitation period for succession matters).
4. What concrete advantages does requalification give me? Inheritance rights, survivor's pension, right to temporary accommodation, parental authority over children, etc.
5. How much does a requalification procedure cost? Solicitor's fees vary between €2,000 and €5,000 depending on complexity. An initial consultation (such as that offered by Maître Perucca at €45 for 30 minutes) can help assess the situation.

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 →