What the law protects in a shared home
A spouse who is sole owner cannot sell the family home without the other's agreement. This little-known rule is one of the most protective in family law, and it does not apply to everyone.
A rule that cannot be set aside
The third paragraph of article 215 of the French Civil Code forbids spouses from disposing, one without the other, of the rights by which the family's housing is secured. A sole owner can neither sell nor mortgage it; a sole leaseholder cannot give notice.
The protection belongs to the primary regime, that bedrock of marriage from which no contract allows derogation. It therefore applies even under separation of property, where one might think each disposes freely of what belongs to them. A transaction carried out in breach of this rule can be annulled for one year.
What it covers and what it does not
It targets the home where the family actually resides, and the furniture in it. A second home, a rental property held as an investment, or a home the couple has left do not fall within its scope.
It transfers no ownership: the non-owning spouse acquires a right of veto over the transaction, not a share of the property. And it lapses with divorce, which explains the importance of the interim measures ordered during proceedings.
The lease, three regimes
Article 1751 makes spouses co-holders of the residential lease, even if only one signed it and even if the lease predates the marriage. The landlord must send important documents to each of them, notably the notice to quit, failing which they cannot be relied on.
Since the ALUR Act of 2014, PACS partners enjoy the same co-tenancy, but on joint request addressed to the landlord: it is not automatic. Cohabitants have no access to it, and the one who did not sign remains legally a stranger to the lease.
After a death
Article 14 of the Act of 6 July 1989 provides that, on the death of the tenant or their abandonment of the home, the lease continues for the benefit of the spouse, the PACS partner, ascendants and descendants living there for at least a year, and the notorious cohabitant meeting the same duration condition.
Where the home belonged to the deceased, on the other hand, the surviving spouse enjoys a temporary right of one year and may then claim a life-long right of occupancy, which neither the PACS partner nor the cohabitant has without a testamentary provision.
Two moves that change everything
For an unmarried couple, having both names on the lease from the moment they move in is the most effective precaution, and landlords generally accept it since they gain an additional debtor. For PACS partners already settled in, a registered letter requesting co-tenancy produces the same effect.
In the case of a purchase, the allocation of shares recorded in the deed must reflect the actual contributions. A half-and-half split adopted for convenience, when one financed three quarters, turns entirely against that person on the day of division.
Key points
The family home cannot be sold, mortgaged or terminated by one spouse alone, even if that spouse is the sole owner, and whatever the matrimonial regime.
Spouses are co-holders of the lease as of right, PACS partners on joint request since 2014, cohabitants never.
In a joint purchase outside marriage, only the shares recorded in the deed count, not the contributions actually made.
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