Article updated on 23/10/2026
Divorce is a major life event that affects nearly 45% of married couples in France, according to INSEE data. Among the many challenges it brings, managing real estate, and in particular the family home, is often the most complex and emotionally charged. Whether it is a question of selling a house, sharing an apartment or finding a new home, every decision made during a divorce has legal, tax and financial consequences that must be anticipated.
In this article, we guide you through all the essential steps for managing your property assets in the event of a divorce. Whether you are an owner or a tenant, and whether your property is jointly owned or held in indivision, this article answers all your questions about divorce and real estate while offering you practical solutions to get through this ordeal.
Key takeaways
- The matrimonial regime determines how the home is divided: common property under the community of acquired property, separate or jointly owned property under the separation of property regime.
- After a divorce, the home can be sold and the proceeds shared, or allocated to one spouse who buys out the other’s share.
- Since January 2022, the partition duty has been 1.1% of the net value of the assets shared.
- A notary, a real estate agent and a lawyer help with the division, valuation and sale of the property.
Update of 23 October 2026
The tax authorities point this out on impots.gouv.fr (updated on 9 July 2026): when the family home is sold after a separation, the former partner who moved out can also benefit from the capital gains exemption for a main residence, provided the property has been neither rented out nor lent in the meantime and the sale takes place within a normal period, in principle one year after it was put on the market. The rule applies to married couples, PACS partners and unmarried couples alike.
Source: Kohen Avocats, based on impots.gouv.fr, October 2026.
1. Matrimonial regimes: a key factor in understanding how real estate is divided
The matrimonial regime is the first variable to consider when managing a property in the event of a divorce. This legal framework defines how assets, including real estate, will be divided between the spouses after their separation.
The community of acquired property regime
Most married couples in France who have no marriage contract are automatically subject to the community of acquired property regime. Under this regime, all assets acquired by the spouses during the marriage are common property, while assets owned before the marriage or received by gift or inheritance remain separate property. Thus, an apartment bought together during the marriage will be considered common property and must be shared fairly.
In the event of a divorce, this means that the property will be valued by an expert to determine its current market value. Several options are then possible: selling the property and sharing the proceeds, or allocating the home to one spouse, on condition that they buy out the other’s share.
The separation of property regime
For couples who have opted for a separation of property regime, the rules are simpler on paper. Each spouse retains exclusive ownership of the assets they acquired individually, whether before or during the marriage. However, things can get complicated when assets have been bought in indivision. In this case, each spouse owns the property in proportion to their financial contribution, which sometimes requires a precise assessment to determine the respective shares.
2. Divorce: what are your options for managing the family home?
After a divorce, the question of the family home often becomes a central issue. Depending on your financial situation, your plans and your needs, several solutions are available to you.
Selling the property
Selling the family home is one of the most common solutions after a divorce. It makes it possible to liquidate the common assets and share the proceeds fairly. This choice is particularly wise if neither spouse can afford to buy out the other’s share or if the property is too large or too expensive to maintain.
However, selling a property is not always as simple as it seems. In addition to finding a buyer, it is important to take into account the selling costs, such as the real estate agent’s commission and any taxes on the capital gain.
Allocating the property to one of the spouses
In some cases, one of the spouses may choose to keep the family home, notably to live there with the children or out of sentimental attachment. This option generally involves buying out the other spouse’s share. This requires an accurate valuation of the property and sufficient financial capacity to cover the buyout amount.
Managing ongoing mortgages
If a mortgage is ongoing, it is essential to renegotiate the terms with your bank. The bank will analyse the solvency of the remaining borrower and may offer an amendment to the contract or a new loan.
3. Tax and administrative implications: what to anticipate
The partition duty
The partition duty is a tax paid to the Treasury when assets are divided between former spouses. Since January 2022, this duty has been reduced to 1.1% of the net value of the assets shared. For example, for a property worth €300,000, the partition duty will amount to €3,300. Include this amount in your budget.
Capital gains tax on real estate
If the home sold is not the main residence of one of the spouses, the capital gain will be taxed. However, several exemptions are possible:
- Holding period: full exemption after 22 years for income tax and 30 years for social security contributions.
- Exemptions on family grounds: if the property is sold as part of a divorce, subject to conditions.
- Rehousing: sale used to finance a main residence.
Updating the title deeds
Once the division has been decided, the title deeds must be updated by a notary to guarantee the legality of the division.
4. The importance of professionals to support you
Navigating real estate and tax procedures after a divorce can be complex. Calling on competent experts is essential to guarantee a fair division of assets and to optimise your financial situation.
- Notaries: valuing the assets, drafting the deeds of partition and handling the tax formalities.
- Real estate agents: accurate valuation, sales strategy and negotiations with buyers.
- Specialist lawyers: protecting your legal and tax interests, particularly in the event of disagreements.
Conclusion: strategic property management for a fresh start
Divorce is a time of upheaval, but it can also be an opportunity to redefine your priorities and build a peaceful future. Managing your property assets, often at the heart of the issues, requires anticipation, rigour and the help of experts. Whether you are selling, buying out or sharing a property, take the time to assess your options, and do not hesitate to use the resources available to ensure a smooth transition.
Every situation is different: the simplest option is to talk to a real estate advisor near you.
Also read on our blog
- Separation: should you sell your property before the divorce?
- Joint ownership: how to sell in case of disagreement
- Can you sell part of your house to your spouse?
- How is a real estate capital gain calculated?
- Buying together without being married: indivision, SCI or tontine?
Author of the publication
Fabrice DOBROWOLSKI, Director of the Optimhome network
«Benefit from myexpert advice, based on many years of experience in real estate, to ensure the success of your buying or selling project. »
