Buying a Home Together: How Marital Status Affects the Process
Buying a Home Together: How Marital Status Affects the Process
Buying a property with a partner is an exciting step, but it's essential to understand how your marital status may impact the process. Whether you're married, in a civil union, or living together without being officially married, here are some factors to consider.
#### Common Law vs. Registered Partnership vs. Marriage
Before diving into the legal aspects, let's clarify the three types of relationships:
- Common-law relationship: Two people living together without being officially married. - Civil union (PACS): Two people who have registered their partnership at the town hall. - Marriage: Two people who have officially tied the knot.
#### Property Ownership
The type of relationship affects property ownership:
- Common law: Each partner owns a share of the property, which can lead to complications if the relationship ends. - Civil union (PACS): Similar to common law, but the partners can opt for joint ownership or individual ownership. - Marriage: The spouses automatically become joint owners, with the property being subject to the matrimonial regime.
#### Liability for Debts
Another critical factor is liability for debts:
- Common law: Each partner is responsible for their debts. - Civil union (PACS): Partners are jointly responsible for debts contracted for their common life. - Marriage: Spouses are generally jointly responsible for debts incurred during the marriage.
#### Taxation and Inheritance
Marital status can also impact taxation and inheritance:
- Common law: No automatic inheritance rights and different tax rules. - Civil union (PACS): Some inheritance rights and specific tax rules. - Marriage: Comprehensive inheritance rights and preferential tax rules.
#### Conclusion
Marital status plays a significant role in the home buying process. Consulting a notary or a legal expert is a good idea to clarify the implications and ensure a smooth transaction.