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PACS in France: How Civil Partnership Works, and What It Does Not Give You

By Recording Law Editorial Team10 min read
PACS in France: How Civil Partnership Works, and What It Does Not Give You

Frequently Asked Questions

Does a PACS partner automatically inherit when their partner dies?

No. Without a will, a PACS partner has no inheritance rights at all in their partner's estate. A will is required to leave them anything.

Does a PACS partner pay French inheritance tax?

Not if they are named as legatee in a will. CGI Article 796-0 bis fully exempts a surviving PACS partner from droits de succession, on the same footing as a surviving spouse.

Can PACS partners jointly adopt a child?

Yes. Since loi n. 2022-219 of 21 February 2022, in force from 23 February 2022, PACS partners can request a joint adoption under the same conditions as married couples: proof of at least one year of shared life together, or both partners over the age of 26.

Does a PACS give a right to a survivor's pension?

No, never, in any pension scheme. A right to pension de reversion is reserved for surviving spouses; PACS and cohabitation do not qualify.

What happens to jointly held property if the couple splits up?

It depends on the property regime chosen at registration. Under the default separation des biens regime each partner keeps what they individually own; under an indivision regime, jointly acquired property is shared and must be divided on dissolution.

How is a PACS dissolved?

By a joint declaration using Cerfa form no. 15789, by one partner unilaterally notifying the other through a commissaire de justice, or automatically the moment either partner marries, with no paperwork required.

Is registering a PACS free?

Registering at the mairie of the couple's shared residence is free. Registering through a notaire instead is a paid option, and the notaire then keeps the original document.

Are PACS partners taxed together?

Yes. Partners file a single joint household tax return starting the year the PACS is registered, with a one time option to file separately for that first year only.

Sources and References

  1. Code civil, article 515-1, definition of the PACS contract(legifrance.gouv.fr).gov
  2. Service-public.gouv.fr, PACS registration formalities, mairie or notaire, default property regime(service-public.gouv.fr).gov
  3. Code general des impots, article 796-0 bis, inheritance tax exemption for surviving spouse and PACS partner(legifrance.gouv.fr).gov
  4. Service-public.gouv.fr, PACS and succession, no automatic heirship, one year temporary housing right(service-public.gouv.fr).gov
  5. Service-public.gouv.fr, dissolving a PACS, Cerfa 15789, unilateral and automatic dissolution(service-public.gouv.fr).gov
  6. Impots.gouv.fr, joint tax filing for PACS partners, first year separate filing option(impots.gouv.fr).gov
  7. Article 343 Code civil, as amended by loi n. 2022-219 of 21 February 2022 (joint adoption opened to PACS partners and cohabitants)(legifrance.gouv.fr).gov
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