COMMON LAW RIGHTS

[carpingmikeHere for all the right reasons]

Friends of mine are splitting up after living together for 4 years. 3 of which living here in France. The male partner has provided the financial support and the house is in his name. The last 3 years have been spent renovating the house. Under French law, does the female half have any claims to a share of the property etc?

[Will]

I notice you use the term 'common law' in the title. I don't know if this was intentional, or if it was a reflection of the English term 'common law wife'. But whereas English law, and that of many other countries, is based on what has come to be known as 'common law', French law follows what is known as the Napoleonic Code, which dates back to the revolution and was originally formulated to prevent the aristocracy once again getting the upper hand.

The effect is that unmarried partners have few, if any, rights, although things are gradually changing. Your female friend would need to get some professional advice, but I wouldn't hold out too much hope, particularly if the house is in the sole name of the male partner. Things would look brighter for her if the couple had a 'PACS' agreement, but this is a fairly recent innovation, and it still involves fewer rights than a maried couple.

[Teamedup]

You didn't mention if there were any children, or whose name the property was in. These things will make a difference to their circumstances.

[carpingmikeHere for all the right reasons]

Thanks for your response, no, there aren't any children involved thank goodness. I have advised my friend to get professional advice.