In short
On divorce, the home can be sold, kept by one of the former spouses, who then pays the other a soulte (equalisation payment), or kept by both in indivision (joint ownership in undivided shares). As soon as a property is divided, the deed of partition must be drawn up by a notaire (notary). The partition is taxed at the droit de partage (partition duty) of 1.10%, with a minimum charge of €25, compared with 2.50% for an ordinary partition (code général des impôts (General Tax Code), art. 746; service-public.gouv.fr). The 1.10% rate has applied since 1 January 2022 to partitions following a divorce, a legal separation or the dissolution of a Pacs (civil partnership).
Who owns the home? It all depends on the matrimonial regime
Service-public.gouv.fr distinguishes three situations.
| Regime | Home bought during the marriage | Home bought before the marriage |
|---|---|---|
| Communauté légale (statutory community of property: marriage without a contract) | Joint property, split in half, unless bought by one spouse with their own separate money | Separate property of the buyer, or held in indivision if bought by both |
| Séparation de biens (separation of property) | Belongs to the spouse named in the deed; if bought by both, split according to the shares stated in the deed, failing that in half | Same |
| Communauté universelle (universal community of property) | Joint property, split in equal shares unless the contract provides otherwise | Joint property, except property that is separate by nature |
Compensation to the community. Under a community regime, the spouse who owns a separate property sometimes owes a récompense (compensation) to the community: this is the case if joint money repaid the mortgage or paid for works on that property.
Separation of property: the deed prevails. The money each spouse actually put in does not change the share stated in the purchase deed. A spouse who financed part of the other’s property can only assert a créance (debt claim), without becoming an owner of it (service-public.gouv.fr).
Three options for the home
- Sell the property and divide the price according to each spouse’s rights.
- Buy out the other spouse’s share. The former spouse who keeps a jointly owned property or one held in indivision pays the other a soulte. It is not due if the other receives other assets in compensation.
- Remain owners together, for example to let the property. The joint property then becomes held in indivision, and a convention d’indivision (co-ownership agreement) can be signed before a notaire to set out how the property is used and how rents and costs are shared.
The outstanding mortgage. Each former spouse contributes half of the joint loans still owed at the time of the divorce, mortgage included. The one who keeps the home can take over the other’s share of the loan to become the sole owner (service-public.gouv.fr).
Preferential allocation and the right to stay in the home
If the spouses disagree, one of them can ask for the property to be allocated to them: this is attribution préférentielle (preferential allocation) (service-public.gouv.fr). For a community dissolved by divorce, it “is never automatic”; the judge may also decide that the whole of the soulte is payable immediately (code civil (Civil Code), art. 1476). If the spouses do not agree, the judge rules on continued indivision, preferential allocation and advances on a share of the community (art. 267).
Where the home is the separate property of one spouse, the juge aux affaires familiales (family court judge) can grant a lease to the other. This lease can last until the youngest of the couple’s children comes of age (service-public.gouv.fr).
How much does the partition cost?
| Item | Amount | Source |
|---|---|---|
| Partition duty after divorce, legal separation or dissolution of a Pacs | 1.10% (since 1 January 2022) | CGI, art. 746 |
| Partition duty, general case | 2.50% | CGI, art. 746 |
| Minimum charge | €25 | service-public.gouv.fr |
| Notaire | Fees proportional to the value of the assets divided | service-public.gouv.fr |
By way of illustration, 1.10% applied to €200,000 gives €2,200; at the general rate of 2.50%, it would be €5,000. The exact taxable base and the fees are calculated by the notaire. Before this reform, the rate was 1.80% in 2021 (art. 746).
When should the property be divided?
Divorce by mutual consent. The settlement of the matrimonial property must be completed before the notaire registers the divorce agreement. If there is a jointly owned property or one held in indivision, the notaire draws up an acte authentique (notarised deed) of partition, annexed to the agreement. Without agreement on the division, divorce by mutual consent is impossible (service-public.gouv.fr).
Divorce through the courts. The spouses must propose a settlement of their financial interests as soon as the divorce petition is filed. The judge can appoint a notaire from the initial directions hearing (audience d’orientation). After the divorce, the division can be made by agreement or before the judge; the appointed notaire then has one year, renewable once, to draw up the statement of liquidation (état liquidatif). The law sets no time limit for dividing the property, and the procedure can be lengthy if the parties disagree (service-public.gouv.fr).
Staying in indivision after the divorce
Post-divorce indivision is often chosen to wait for a sale, or to let the children stay in the home. Its rules:
- either party can ask for the property to be divided at any time, unless this is deferred by a judgment or an agreement: “no one can be compelled to remain in indivision” (code civil, art. 815);
- a fixed-term indivision agreement cannot exceed five years, renewable by express decision; during this period, division can only be requested before the end of the term on serious grounds (art. 1873-3);
- the former spouse who occupies the home alone owes the other compensation for occupation (indemnité), unless agreed otherwise (art. 815-9);
- if the property is let, the former spouses share the rents (service-public.gouv.fr).
FAQ
Who keeps the house in a divorce?
The one who buys out the other’s share, if they can afford it, or the one to whom the judge allocates it. Preferential allocation is never automatic in a divorce (code civil, art. 1476).
How is the soulte calculated?
It makes up the difference between what each former spouse receives in the overall division of their assets. It is not due if the other former spouse receives other assets of the same value (service-public.gouv.fr).
Is the partition duty 2.5% or 1.1%?
1.10% for a partition following a divorce, a legal separation or the dissolution of a Pacs since 1 January 2022; 2.50% remains the general rate (CGI, art. 746).
Do we need a notaire if we agree on everything?
Yes, as soon as there is a jointly owned property or one held in indivision: the division must be carried out by a notaire (service-public.gouv.fr).
Can we remain joint owners after the divorce?
Yes, in indivision. A notarised agreement can organise it for five years at most, renewable, and each party keeps the right to ask for the property to be divided (code civil, art. 815 and 1873-3).
Which professional to consult
The notaire (notary) is indispensable: they settle the matrimonial regime, calculate the soulte and draw up the deed of partition. The agent immobilier (estate agent) values the home, which is the basis for the soulte, or puts it on the market. To finance buying out the other’s share or taking over the loan alone, the courtier en crédit (mortgage broker) compares offers. If the property is sold, the diagnostiqueur (property surveyor) carries out the compulsory surveys.
Find a professional
One professional per trade and per area, selected and scored out of 100 from public data, with a verifiable title. The trade, its official register and the professionals selected (pages in French):
The notary selected in the largest cities
| City | Professional | Area | Score /100 | Status |
|---|---|---|---|---|
| Paris | Dextera Notaires | Paris, 7e arrondissement | 91 | Selected |
| Marseille | 1391 Notaires | Marseille, 8e arrondissement | 85 | Selected |
| Lyon | Archers Notaires | Lyon, 2e arrondissement | 92 | Selected |
| Montpellier | Lexnot | Montpellier | 93 | Selected |
| Bordeaux | 1645 Notaires | Bordeaux | 90 | Selected |
| Lille | Notaires Lille Royale | Lille | 70 | Selected |
| Rennes | Notaires des Lices | Rennes | 87 | Selected |
| Dijon | Legatis Dijon-Genlis | Dijon | 86 | Selected |
| Brest | Quid Novi Brest Notaires & Conseils | Brest | 86 | Selected |
| Cannes | 1795 | Cannes | 70 | Selected |
The 10 cities with the most sales (DVF 2025) where a notary is selected; in a city with several areas, the best-scoring profile. "Verified": title read at the register by Payotte; "Selected": title declared, verifiable on the profile.
Related guides
Sources
- Divorce : quelles sont les règles de partage des biens des époux ? (service-public.gouv.fr, vérifié le 22 juillet 2025) (checked 12 October 2026)
- Divorce : procédure de partage des biens (service-public.gouv.fr, vérifié le 5 août 2025) (checked 12 October 2026)
- Code général des impôts, article 746 – en vigueur depuis le 1er janvier 2021, modifié par la loi n° 2019-1479 du 28 décembre 2019, art. 108 (Légifrance) (checked 12 October 2026)
- Code civil, article 1476 – en vigueur depuis le 1er février 1966 (Légifrance) (checked 12 October 2026)
- Code civil, article 267 – en vigueur depuis le 1er janvier 2016 (Légifrance) (checked 12 October 2026)
- Code civil, article 815 – en vigueur depuis le 1er janvier 2007 (Légifrance) (checked 12 October 2026)
- Code civil, article 815-9 – en vigueur depuis le 1er janvier 2007 (Légifrance) (checked 12 October 2026)
- Code civil, article 1873-3 – en vigueur depuis le 1er juillet 1977 (Légifrance) (checked 12 October 2026)
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