Buy two without being married
Buy two without being married:
Not easy to buy two without being married. With or without Civil Solidarity Pact, the law protects much less than if each partner in marriage.
PACS FREEDOM AND UNION :
340 000 Pacs (mainland + Dom-Tom) were signed between 15 November 1999 and 1 August 2005, according to the Ministry of Justice. A success that will crescendo: + 49.3% in 2005 compared to 2004. Persons pacs, adds thousands of couples living common-law and outside any census.
Remains that all these couples pacsé “or not, may want to buy a home. This often requires the purchase of credit. But neither party is injured in the event of separation, it is better to take precautions. Because under the law, cohabitants are foreigners …
Undivided :
Definition: The possession is legal as classical. Each partner purchases, up to its funds effectively, a housing (30/70, 40/60, 50/50, etc.).. The distribution is then written into the deed. Where appropriate the property is deemed to belong to each half.
Operation of the undivided: Simple to implement, the possession is not always easy to live. Decision-making made unanimously, which is not obvious also as stipulated in the Civil Code (Article 815) “no person shall be compelled to remain in the ownership and sharing may be caused. ”
Ending the possession: The possession may be terminated either by what the partners agree more, either due to death.
If the partners agree more, the division may be the only way and it often results in the sale of housing. Either by agreement, in which case the proceeds are distributed according to each investment (share), or, in case of disagreement, the judge of the High Court to decide.
If any of the partners dies while he had heirs, undivided leaves little leeway to the survivor. Indeed it is the children or the family who will inherit the share of the deceased. The partners can always circumvent the barrier will be established by legatees. In the limit, however, the reservations related to the heirs.
Overcome the potential difficulties: the Convention indivision. To overcome these difficulties, it is advisable to provide at time of undivided signing an agreement before a notary, called undivided agreement. Addition to greater flexibility of operation, its interest is also due to the possibility of providing for the acquisition of share of deceased partner. Faut-il encore que le survivant en ait les moyens. Is it still in the survivor has the means.
Overcome the potential difficulties: the dismemberment of the property. It may also acquire property and bare cross usufruct. Each of the partners acquires eg equivalent to 50% of the bare ownership and 50% of the usufruct, such as the death of one, the other has the usufruct and no total Children can act to bring out the survivor.