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Navigating Home Extensions in Divorce: Seeking Reimbursement for Self-Funded Renovations During Split

In the arrangement of separate property under the same roof ownership, specifically for the primary residence, can Beatrice reclaim the portion she singularly contributed towards the property's expansion upon separation? Nathalie Couzigou-Suhas, notary, discusses this topic in The Big Real...

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With a separate property regime in place and a purchasing company for the primary residence,...
With a separate property regime in place and a purchasing company for the primary residence, Beatrice can claim back the money she solely invested in the property's expansion if the couple decides to split.

Breaking Down Beatrice's folksy property quandary

By Christine Lejoux & Nicolas Sandanassamy Published on , last modified on

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Beatrice, a resident of Fontenay-sous-Bois (Val-de-Marne), find herself in a bit of a pickle. Married under the regime of separation of property with a joint ownership society for the main residence, she recently undertook the costly renovation of her house all by herself. Now, she wonders if she'd be able to recuperate the substantial amount she invested in the expansion in case of a separation from her husband. Lending her ears to this intriguing question was our very own Nathalie Couzigou-Suhas, a notary, during Le grand rendez-vous de l'immobilier (our website/Radio Immo).

Before diving into the heart of the matter, let's get the basics out of the way. What, exactly, is a joint ownership society? As our notary friend puts it, "Spouses establish a hybrid marriage contract, which allows each party to do what they wish with their personal property. This contract, however, includes a bubble of community—say for instance, a jointly-owned main residence or shared bank accounts."

So, what's a Beatrice to do in order to guarantee her hard-earned investment won't vanish should she choose to part ways with her spouse?

It's all about the financing method

Our wise friend, Nathalie Couzigou-Suhas, offers a clever distinction of two plausible situations. In the first scenario, Beatrice routinely pays off a loan she took to fund her renovation project, directly from her monthly salary. "According to the Court of Cassation's ruling, monthly loan repayments made toward the main residence's upkeep constitute a contribution to the marriage's charges," the notary explains. In this case, if a separation eventuates, Beatrice wouldn't receive any special compensation for her investment in the house's expansion.

Fast forward to the second scenario, and Beatrice's investment comes from savings she tucked away before the nuptials or funds she received as a gift. "In this case, she'd be entitled to have her investment returned to her in the event of a separation," enlightens Nathalie Couzigou-Suhas. In practice, things can get a bit tricky, as "when couples separate, they usually argue over capital gains, the one who funded the work insisting it amounts to 25%, while the other claims it's more like 10%," our notary warns.

Real estate experts share their insights

Got a property-related query? Be it purchasing, selling, or investing, don't hesitate to join our Facebook group, "The Owners' Club." With nearly 14,000 members—created and managed by our site—you'll find countless individuals eager to share their experiences and help you navigate the tricky world of real estate.

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Our pros (real estate agents, lawyers, and notaries) have answers for you

Property owners, buys, sellers, or investors with burning legal, tax, or practical questions? Don't remain in the dark! Jump into the Facebook community "The Owners' Club" to pose your questions. Members will happily share their stories and experiences. Meanwhile, keep an eye open for your query to make it to our experts (real estate agents, lawyers, and notaries) in future editions of "The Big Real Estate Meetup."

S vanishing without a sound

Incidentally, the law defines abandonment of property as an intentional neglect to maintain ownership of a property for a specified period, usually one year. In Beatrice's situation, the question of abandonment does not arise as she did not stop paying for the main residence nor renounced her ownership through documentation. Rather, the issue at hand is recovering the funds she used for her handiwork should the unforeseeable happen and she decide to part ways with her spouse.

  1. In the context of Beatrice's property quandary, Nathalie Couzigou-Suhas, a notary, explains that the financing method plays a crucial role in determining if Beatrice can recover her investment in the house's expansion in case of a separation.
  2. If Beatrice uses monthly salary payments to repay a loan for the renovation project, her contributions would be considered a part of the marriage's charges, meaning she wouldn't receive any special compensation for her investment.
  3. However, if Beatrice uses her personal savings or gifts for the renovation, she would be entitled to have her investment returned in the event of a separation, although arguments over capital gains might arise during the separation process.
  4. Real estate experts suggest that individuals with property-related questions, such as Beatrice, can find help and advice in Facebook groups like "The Owners' Club," where members share their experiences and knowledge about various aspects of real estate and personal finance.

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