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Am I entitled to money for doing up home?
I live with my English partner who bought the property we live in two years ago. We have been doing it up together but sadly we are parting. I would like to know – am I entitled to any money as I worked hard on the house for two years and it is worth a lot more than it was before? We are not married. H.N.
Franco-British honorary avocat Gerard Barron said there is no French equivalent of ‘palimony’ (compensation for members of unmarried couples who split up) and so unmarried, un-pacsed parties have no financial claims on each other when they split up unless they have expressly (in writing) agreed otherwise in relation to a joint project such as this, or they have had children together.
In the latter case, however, the claim is for financial support and would be unlikely to allow the non-owner any actual property rights.
Mr Barron said the situation might be different for a married or pacsed couple, but it would depend on the terms of the marriage contract or the pacs and when the property was acquired (before or after marriage or pacs) and by whom.
However, Mr Barron added that the general law on real estate is that all improvements to it accrue automatically to the owner without compensation in the event that someone else has contributed.
He added: “A contribution in kind – physical work on the house and/or garden as you say is the case here – does not give the non-owner any financial or other entitlement against either the property or its owner.
“If you are able to prove financial input, for the purchase or improvements, not simple up-keep, then a claim may be available depending on circumstances and available evidence, but that sort of claim is always quite difficult.”