Family Home in France:
Married & Unmarried Couples

Under French law, two distinct regimes apply: married spouses and unmarried couples.

The Family Home for Married Spouses: The Marital Domicile

The French Civil Code grants reinforced statutory protection to the marital home (Article 215), regardless of legal ownership (whether community property, joint co-ownership / indivision, or separate property owned by one spouse).

Consequently, neither spouse can unilaterally sell, mortgage, or dispose of the marital home without the express consent of the other.

Attribution During Divorce Proceedings

In contested divorces, the Family Court Judge (JAF) rules on the provisional attribution of the exclusive right to live in the marital home.

The home is typically awarded to the spouse facing greater relocation difficulties (lower financial resources). Child custody is also a decisive factor: when habitual primary residence of children is awarded to one parent, the judge generally prioritizes keeping them in the family home to avoid schooling disruption.

Occupancy Indemnity (Indemnité d'Occupation)

As a rule, exclusive enjoyment of the marital home is not financially free.

When a spouse holds exclusive private occupancy of the property (whether wholly or partly owned by the other), they owe an occupancy indemnity.

In judicial practice, this indemnity corresponds to the fair rental value discounted by approximately 20% (precariousness allowance).

Example: for a jointly owned community home, indemnity = (rental value - 20%) ÷ 2.

This indemnity is not paid on a monthly basis: it accumulates and is settled during the final matrimonial liquidation following the divorce. Thus, if occupancy lasted 24 months, the occupant spouse owes 24 monthly amounts in the liquidation accounts.

In exceptional cases, where the beneficiary spouse is entirely without financial resources, occupancy may be awarded free of charge as spousal maintenance under the spousal duty of support (devoir de secours).

All these terms are debated before the Family Court Judge: rigorous legal representation is paramount.

The Family Home for Unmarried Couples

For unmarried cohabitants and civil partners (PACS), no statutory protection of the family home exists under Article 215, except in cases of domestic violence.

In situations of domestic abuse, the judge can issue a protection order (valid for up to 12 months) granting temporary exclusive enjoyment of the home to the victim.

By Claire Quétand-Finet Family & Divorce Lawyer - Versailles Bar Association

PhD in Private Law · +10 years of experience in family & divorce law · University Lecturer for continuous legal expertise

See also:
Evicting a Violent Partner - Divorce Taxation - Divorce Proceedings