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What does being in a free union mean?
The wedding ? You like the idea, but for others. The Pacs? The same. You are therefore in what is called a “free union”. There are many advantages to not formalizing before the law, and some disadvantages. We take stock.
The state of play
Being in a free union means living with your partner – of different sex, or of the same sex – under the same roof, without having gone before the Mayor, nor having signed a PACS agreement. We also speak of “concubinage”. This concerns couples who met six months earlier, such as those who have been together for thirty years. The practice has long been marginal. Only 2,9% of couples were not married in 1962. Today, many couples in France make this choice. In 2015, according to INSEE, 32,4 million people lived in a cohabiting couple, i.e. 6 in 10 adults. Three quarters (74%) of them were married, 1 in 5 was in a common-law relationship (19%) , and a minority was in a civil partnership (7%).
Tenants or owners, what you need to know
In terms of heritage, each partner manages their assets as they see fit, without being accountable to the other. Everyone owns what they bought before forming a relationship and what they have bought since.
If you decide to rent an apartment or a house, think carefully before signing the lease. If only one name appears on it and you separate, the person absent from the lease will have no rights. Even if he has paid half of the rent… For example, if the signatory of the lease decides to give his notice to the owner, the other partner will have to leave the premises at the same time as him… unless the owner agrees to sign with him a new lease.
Conversely, the non-signatory has no obligation to pay the rent and charges, unless he has stood surety. The two partners must agree on who pays what upstream, in order to avoid future problems. If both names are listed on the lease, then you will have the same rights and obligations vis-à-vis the lessor.
If you decide to buy together, it will be in joint possession. In other words, each one owns part of the accommodation: 50/50, 70/30, 60/40, it is up to you to choose the distribution at the outset, and to indicate it in the deed of purchase.
Budget management
“You agree together on a distribution of support for common expenses”, we can read on Service-public.fr.
You can decide to open a joint account together. But be careful, if one of the two has debts, you are in solidarity and you will have to repay. You can give or obtain a power of attorney on an account.
Regarding loans, you can decide to co-borrow with the person with whom you live as a couple and be co-responsible for the debts incurred, or borrow individually and be solely responsible for your own debts.
The tax declaration
Everyone declares for his own. If you have had children together, you must choose who will be responsible for them.
If there are children
“It is advisable to recognize them in order to establish their filiation, to be able to exercise parental authority and to allow them to bear your name”, one can read on caf.fr. “An imperative step for the father, optional for the mother, her name appearing on the birth certificate. »Family allowances can be paid whether you are married or in a common-law relationship. It is the notion of home that counts.
The health
Your partner can be your beneficiary, and vice versa.
Furniture, objects and cars
“You can have a registration card drawn up with two names for each vehicle,” indicates the site service-public.fr. “Please note: registration in both names has no effect on the ownership of the vehicle, which remains that of the buyer (or buyers, in the case of joint ownership). “
Regarding your valuables, you can establish a list with your partner explaining who owns what.
Sworn statement
Sometimes you will need to justify your status. Some town halls can issue you a certificate of cohabitation or cohabitation, which is free. But they are not obliged to do so, and indeed some refuse to produce this document. If your town hall accepts, they will probably ask you to provide proof of identity and the presence or attestation of witnesses. If she refuses, you can co-sign a declaration on the honor of living together.
Separation
Unlike a marriage, which can only be broken with a divorce, which is often long and expensive, the end of the cohabitation is done without any obligation. Everyone can regain their freedom at any time.
In the event of the death of one of the cohabiting partners
You will not be able to inherit it unless he / she has made a will or purchased life insurance. But then the tax rates are very high. The surviving partner is not entitled to the survivor’s pension.