Consequences of common-law relationships (cohabitation)

Verified 27 April 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Are you in a common-law relationship? Cohabitation does not entail any obligation between the two cohabiting partners, unlike marriage. Each of you can break this union at any time. Cohabitation can affect some social benefits or your tax situation. These consequences are more limited than those that apply to persons who are married or Civil partnerships: titleContent. We present you the information to know.

You are cohabiting if you have a stable and continuous living together, whether you live as a couple of different sex or same sex.

Cohabitation does not create no obligation between you two.

You must not, under the law, be faithful, help or assistance to your cohabiting partner, unlike married people.

You can't wear your partner's name.

FYI  

In the event of domestic violence, you're protected like a married person.

As a cohabiting partner, you can be designated as guardian or curator, or as authorized person of your spouse, if he or she is impaired in his or her ability to express his or her wishes.

You must contact the guardianship judge of the court where your partner's place of residence depends.

Rented accommodation

The rules depend on your situation:

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Only one of the cohabitants signed the lease

The person who has not signed the lease has a right to the housing only in the event of death or abandonment of the home the person who signed the lease, under certain conditions.

He does not have to pay unpaid rent (unless he has carried bail).

The two concubines signed the lease

You have all 2 the same rights.

You two have to pay the rent.

To terminate the lease, you must agree and inform the lessor, together or separately.

If only one of you 2 wants to leave the dwelling, he must give notice (leave) to the owner. The lease continues with the other.

Whoever leaves remains liable for rent and charges for a period of time which depends on the situation (maximum 6 months from the end of the notice of departure).

Accommodation purchased

The rules depend on your situation:

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Accommodation purchased by a single partner

The one who is not owner has no rights on housing.

Please note

Special rules may apply in case of separation if you have a common minor child.

Accommodation bought by the 2 concubines

You are every 2 considered as owners undivided half of the housing.

The deed of purchase may provide for a different distribution.

The goods acquired by each of you are personal.

Your assets are separate.

If you make a joint purchase, it is a well undivided.

You must prove it that a property belongs to you, if necessary (for example in case of conflictual separation).

This proof can be provided by various means, for example account statements, a credit, a copy of a check.

Your debts remain personal.

You are all 2 engaged, only in case of solidarity debt, that is to say if you all 2 committed to express.

The consequences of a free union depend on the tax concerned.

Income tax

Each of you 2 must complete separately a return for income received by the taxpayer in the taxation year.

Please note

When the charge of a common child is shared equally between you 2, each can benefit from half of the family quotient.

Each of you 2 pays the tax due on your personal income.

You're not solidarity the payment of the tax due by your partner.

Tax on real estate capital gains

In case of separation, you are exempt if you carry out a gain on sale of your principal residence.

One of the cohabitants must have occupied the dwelling until it is put up for sale.

You must justify your cohabitation.

Tax on real estate wealth

If you are notorious concubines, you are imposed jointly.

All your real estate is concerned, whether personal or undivided.

Your cohabiting partner is taken into account in certain situations.

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Private sector

You can benefit from rights in the following cases:

Please note

You can, under conditions, benefit from unemployment benefit if you resign to follow your cohabiting partner who changes place of residence in order to take up a new job.

Civil Service

You can benefit from rights in the following cases:

You can't ask for a lay-off to join your partner.

Please note

You can, under conditions, benefit from unemployment benefit if you resign to follow your cohabiting partner who changes place of residence in order to take up a new job.

The situation varies depending on whether the child is that of your couple or only that of one of the cohabiting partners.

Common child

If you're not married, the father must recognize the child.

Recognition establishes filiation between the child and his father.

As a father, it allows you to get parental authority on your child.

However, if you recognize your child after the age of one, additional steps are necessary.

One family booklet is delivered to you (or sent by post) at the birth of your first child.

Please note

If everyone needs a family booklet, you can request a 2e booklet.

Non-common child

You have no right or obligation to your partner's child.

You have no no parental authority on your spouse's child.

This authority is exercised by the parent(s).

The child's parent(s) may request a delegation-sharing of parental authority in your favor.

Please note

A single parent's consent to the delegation is sufficient only if the child is the sole parent with parental authority.

The parent(s) of the child must seize the Jaf: titleContent the court of law on which the child's domicile depends.

The use of a lawyer is not mandatory.

The delegation of parental authority gives you rights to participate in the child's daily life (visit to the doctor, enrollment in school, etc.) and in important decisions concerning him (for example, school orientation), according to the decision of the judge.

Please note

Adoption of your partner's child is permitted under certain conditions.

Each of you 2 (working or residing in France) is entitled to Social Security in a personal capacity.

Please note

If you have a minor child, you can request that it be attached to your 2 Vitale cards.

The right to family allowances is linked to the presence of one or more children. It's not related to your marital status.

If you have at least one child in your care, you are eligible for benefits.

However, you you're not allowed services reserved for single parents (Family Support Allowance (FSA) for example) if you live in a cohabitation.

FYI  

For means-tested benefits, your income at all 2 is taken into account.

The following allowances are paid on a means-tested basis:

If you live in a cohabitation, the allocation of these aids takes into account your income every 2..

Please note

The resources of the cohabiting partner are not taken into account in the calculation ofAAH: titleContent. However, if you received the ADI before 1er in october 2023, the consideration of your partner's resources is maintained if it is more advantageous for you.

In the event of a donation from your cohabiting partner in your favor, you are not entitled to any abatement.

You must pay tax duties at the rate of 60%.

You have no no rights on the inheritance of your cohabiting partner in the event of death.

In order for you to have rights, your partner must write a will in your favor.

For the purpose of calculating inheritance tax, you are considered to have no connection between you.

You will therefore have to pay duties at the rate of 60%, after one abatement from €1,594.

As a surviving cohabiting partner, you not straight to one survivor's pension.

If you receive a survivor's pension (for a previous marriage), you may, in some cases, lose your right if you live in a cohabitation. This is the case for example if you are widow or widower of a civil servant or military.

When cohabitation ceases, you can apply to regain your right to a survivor's pension.

Please note

If you perceive a survivor's pension as widow or widower of an employeeHowever, you do not lose your rights in case of cohabitation.

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