Purchase for two: can the spouse who paid the loan be reimbursed in the event of a divorce?

If you plan to become the owner of your main residence with your spouse, first consider checking what such a purchase commits you to, especially in the event of separation. You risk becoming disillusioned if you have to divorce, like Sonia, who asks for help from the experts of the “Grand rendez-vous de l’épargne” (Capital / Radio Patrimoine). Having bought joint housing several years ago with her husband and then repaying all the monthly loan payments on her own, our reader, who has started divorce proceedings, now wants to know what she can demand from her future ex. -joint. In other words, she wants to obtain compensation to compensate for the repayment of the credit that she assumed on her own. “A recurring question when the spouses separate”, notes Nathalie Couzigou-Suhas, notary in Paris.

In the case of our reader, the answer is unfortunately clear according to our expert: “Jurisprudence considers that the repayment of a loan contracted to acquire the principal residence is a contribution to the expenses of the marriage. If she has paid more than her share of the loan, Sonia’s husband will owe her – a priori – nothing. And this, even though she bought under the separation of property regime… All is not lost, however, nuance Maître Couzigou-Suhas, who urges Sonia to carefully examine her marriage contract. This document can indeed provide for compensation for the spouse who has “overcontributed” to the expenses of the marriage. “Sonia has an interest in proving that she paid not only the loan but also all the wedding expenses. It is only in this capacity that she will be able to request the reimbursement of the loan share”, slices the specialist. The latter also recalls that our reader, if she can demonstrate that she has made a larger contribution or that she has repaid the loan in advance, can also seek compensation from her (future ex) husband.