Two people sign a PACS in front of a civil status officer. A few years later, they separate and discover that they have different interpretations of what belongs to whom. The crux of the problem often lies in a single text: article 515-5 of the Civil Code, which sets the rules of property ownership between PACS partners.
Default separation of property regime in the PACS
Did you sign a PACS without drafting a specific agreement? The Civil Code then provides for a simple regime. Each partner remains the owner of what they acquire alone. This is the principle established by article 515-5, paragraph 1.
In practical terms, if one of the partners buys a vehicle or furniture in their name, that asset belongs solely to them. The other partner has no rights to it, even after years of living together.
This mechanism is distinctly different from marriage under the legal regime, where assets acquired during the union are presumed to be joint. In the PACS, it is the opposite: separation is the rule, joint ownership is the exception. To understand article 515-5 of the Civil Code in all its scope, it is essential to keep this principle in mind before examining possible variations.
Then there is the question of proof. When neither partner can demonstrate that an asset belongs to them, that asset is deemed to be jointly owned in equal parts. This presumption of joint ownership, provided for by the same article, generates a large part of the disputes during separations.
Voluntary joint ownership: the choice of article 515-5-1 of the Civil Code
Partners can decide to go further. By drafting a specific PACS agreement, they opt for the regime of organized joint ownership, provided for in article 515-5-1.
In this case, assets acquired together or separately during the PACS belong equally to both partners. This regime is more similar to that of marriage, with one significant difference: it results from an explicit choice, not from an automatic rule.
What remains the exclusive property of each partner
Even under the regime of joint ownership, certain assets escape joint ownership. Article 515-5-2 of the Civil Code lists these exceptions:
- Money received after the conclusion of the pact and not yet used to purchase an asset (uninvested salaries, for example)
- Personal items, such as clothing or work tools belonging to one of the partners
- Assets acquired with money received by donation or inheritance, or with funds held before signing the joint ownership agreement
These exclusions protect individual property. A partner who inherits real estate during the PACS does not have to share it, even under the regime of voluntary joint ownership.
Claims between partners: what recent case law has changed
A common case illustrates the difficulty. One partner solely finances the renovation of a jointly owned asset or solely repays the monthly installments of a mortgage taken out together. At the time of separation, that person wants to recover their investment. This is referred to as a claim between partners.
The Court of Cassation has consolidated its method of calculating these claims between 2023 and 2026. The calculation is based on article 815-13 of the Civil Code, originally designed for inheritance joint ownership but now applied to PACS couples and even cohabiting partners.
Calculation method adopted by the Court of Cassation
The judge first determines the proportion of financing provided by the creditor partner. Then, they apply this proportion to the current value of the asset and compare the result with the initial expenditure. The higher amount is retained.
Why does this detail matter? Because a property purchased ten years ago is often worth much more today. The partner who financed it alone recovers a claim indexed to the current value of the asset, not just the amount they spent. This is a point that many partners are unaware of at the time of separation.
Law of April 7, 2026: judicial sharing extended to PACS partners
Until recently, PACS partners in conflict over the division of their assets did not always have a clear procedural framework. The law of April 7, 2026, on blocked inheritances amended article 840 of the Civil Code to explicitly include PACS partners and cohabitants.
Judicial sharing is now open to all couples, regardless of their status. Before this reform, only spouses and heirs benefited from a procedure governed by law to resolve disagreements over the distribution of assets.
This evolution has a direct practical consequence. A PACS partner who refuses to sell a jointly owned asset or to buy out the other’s share can now be summoned for judicial sharing. The judge then intervenes to order the sale or set the conditions for the buyout.
PACS agreement: anticipate rather than endure the default regime
The default separation of property regime suits some couples, but it exposes partners to proof difficulties. Those who cannot demonstrate that they financed an asset risk finding themselves co-owners of an item they fully paid for.
Drafting a detailed PACS agreement allows for anticipating these situations. A few points deserve particular attention:
- Specify the choice of regime (separation or joint ownership) and the reasons for this choice, to avoid any ambiguity in case of dispute
- Mention significant assets acquired before the PACS, along with proof of ownership
- Provide for the terms of contribution to common expenses, indicating the chosen distribution (equal, proportional to income, or other)
Having the agreement registered with a notary rather than at the court offers an additional level of advice. The notary checks the consistency of the clauses and alerts partners to the property consequences of their choices.
The PACS remains a contract. Unlike marriage, it does not create a matrimonial regime in the strict sense. This flexibility is an advantage for well-informed partners but a trap for those who sign without reading articles 515-5 and following of the Civil Code. The recent consolidation of case law on claims and the opening of judicial sharing to PACS couples make this reading more useful than ever.