Article 515 of the Civil Code does not refer to a single text, but rather a series of provisions (515-1 to 515-7 for PACS, 515-8 for cohabitation) that regulate legal unions in France outside of marriage. These articles define the conditions for formation, property effects, and the modalities for dissolving the civil solidarity pact, while providing the only legal definition of cohabitation.
Property Regime in PACS: What Articles 515-5 Modify
The law of June 23, 2006, significantly restructured the property regime of PACS. Before this reform, property acquired during the pact was presumed to be jointly owned in half. Since then, the default regime is separation of property: each partner remains the owner of what they acquire individually.
This distinction has direct consequences in the event of separation. A movable property (car, furniture) whose ownership origin cannot be proven is deemed jointly owned in half, in accordance with Article 515-5 paragraph 2. However, partners may opt, in their PACS agreement, for a regime of organized joint ownership.
Two decisions made in 2025 by the Court of Cassation clarify these rules. The first reminds us that the name on an invoice is not sufficient to prove ownership of a property between PACS partners. The second, dated February 5, 2025, censures a court of appeal that did not examine the respective contributory capacities of the partners to assess their material assistance, as provided by Article 515-4.
The choice between separation of property and joint ownership is not trivial. Understanding the implications of Article 515 of the Civil Code allows for anticipating property division in the event of a breakup.
Housing Protection After Death: PACS vs. Marriage
The surviving PACS partner benefits from a temporary right to occupy the shared housing after the death of the other. This time-limited right allows them to remain in the premises for one year from the date of death.
The comparison with marriage reveals a fragility often overlooked. The deceased can revoke the right of occupancy of the PACS partner through a will, a power that does not exist for the married spouse. The surviving spouse, on the other hand, has a lifelong right to the housing that cannot be excluded by a will under the same conditions.
Another major difference: without a will, the PACS partner does not inherit. They are simply not a legal heir. The married spouse, however, enters into the succession even in the absence of testamentary provisions.
Precautions to Take Between PACS Partners
- Draft a will designating the partner as a legatee, while respecting the reserved portion due to any children
- Ensure that the PACS agreement specifies the chosen property regime, to avoid any ambiguity regarding the ownership of the housing
- Anticipate the issue of disassociating a joint mortgage in the event of separation or death
Cohabitation and Article 515-8: A Union Without Property Framework
Article 515-8 of the Civil Code defines cohabitation as a “de facto union, characterized by a common life exhibiting stability and continuity, between two persons, of different or the same sex, who live as a couple.” This definition, adopted in 1999, constitutes the only legal mention of cohabitation in the Civil Code.
Cohabitation does not confer legal obligations or property rights between members of the couple. Each retains ownership of their property. In the case of a joint purchase, the property falls under the regime of ordinary joint ownership, with all the proof difficulties that this implies.
Cohabitants are not heirs to one another. A will remains the only means of transferring property to the surviving partner, within the limits of the available portion.
Legal Effects of PACS That Cohabitation Does Not Produce
PACS creates mutual obligations absent in cohabitation:
- Material assistance and mutual support between partners, proportional to their respective capacities unless otherwise agreed
- Solidarity for debts incurred for everyday needs (excluding manifestly excessive expenses)
- Since the law of July 1, 2010, exclusion of solidarity for installment purchases and non-modest loans made without the consent of both partners
Marriage, PACS, and Cohabitation: Three Degrees of Legal Protection
The Civil Code organizes a clear gradation. Marriage offers the most comprehensive protection: matrimonial regime, automatic inheritance rights, compensatory allowance in the event of divorce, survivor’s pension.
PACS is situated at an intermediate level. It structures common life through mutual obligations and a modifiable property framework, but leaves the surviving partner without legal inheritance rights. PACS protects daily life, not transmission.
Cohabitation, despite its recognition by Article 515-8, remains a de facto union without automatic legal effects. The freedom it offers comes at the cost of a lack of safety net in the event of separation or death.
The choice between these three forms of union directly depends on the couple’s property and family objectives. Drafting an adapted PACS agreement or a tailored marriage contract remains the most effective lever to adjust legal protection to the actual situation of each couple.
