7. Sole Ownership of French Property

Even though you may be married or living together it is, of course, of matter of choice as to whether you buy the property in your joint names, or you buy the property in a sole name.

In the following pages we consider the implications of buying French property in your sole name, for those who may be either married, living together, or who subsequently marry.

1. 7.1. Married Couple
2. 7.2. Living Together
3. 7.3. Subsequent Marriage

7.1. Married Couples and Sole Ownership of French Property

If you are a married couple then there seems no reason why the property should not be purchased in joint names.

However, if this does not occur, it does not make a great deal of difference, as there is statutory protection for the other spouse, and the fiscal implications are the same.

In most countries marital laws specify that assets acquired during the marriage are jointly held by both partners, irrespective of by whom they may have been purchased. The position in France is generally no different.

In the case of a married couple, the civil law acts as though the property were in joint ownership on an equal basis (50-50), unless there were specific provisions to the contrary in the marriage contract.

That having been said, if you have children by a previous relationship you need to be careful of property purchased in sole ownership as it can more easily lead to inheritance complications and disputes. You can read more about this issue in our Guide to Inheritance Laws and Taxation.

You also need to consider that on death of the first spouse, if the property is in the sole name of the deceased, then property transfer taxes and fees will be payable when the property is transferred to the inheritors, including the surviving spouse. This would be the case even though you may have adopted a french marriage contract.