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The civil solidarity pact is popular among young couples who see it as a less important commitment than marriage and a more protective environment than concubinage. But this contract is not trivial. The turn of your questions with Stéphane Adler, notary.
Should we choose a Pacs contract as is done for the wedding?
This is not mandatory but you have the choice between two contracts:
- The separation of heritages : this contract has been applied by default since 2007. Each of you owns the property he acquires after signing the Pacs contract. However, you can decide to buy a property together, then it belongs to you in joint ownership in the proportions indicated in the notarial act. You are not in solidarity with each other's debts, with the exception of those related to everyday life, such as rent or household expenses. Solidarity does not play for loans that have not been made by both partners, unless they involve small amounts necessary for the needs of everyday life.
- Indivision: the goods bought during the Pacs, to two or separately, belong to you half. In case of separation, you have no recourse against your spouse if he did not contribute little or nothing to the financing of the property acquired. However, some goods may belong to only one of the partners, for example during a donation or during a succession.
To pacser to pay less taxes, is it a good idea?
- Yes and no… Since January 1st, 2005, the couples pacsés make a joint declaration. If you have substantially identical incomes, it will not change much. On the other hand, if one of you has no salary or is very low, the amount of taxes will be reduced because the quotient of the two incomes is calculated. Attention, by the effect of the PACS you can become eligible for the solidarity tax on wealth (ISF). In fact, we calculate all the assets as of December 31 of the year in which the PACS was concluded.
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