Article updated on 15/10/2026
You own a house together and wish to divorce without paying the partition duty (droit de partage) on the sale of your property. Selling before the divorce allows you to avoid paying taxes amounting to 2.5% of the net assets. But how should you go about it, and what do you need to know before getting started?
Key points
- Selling your property before the divorce allows you to avoid the partition duty, which amounts to 2.5% of the net assets, that is, the difference between the value of the house and the outstanding loan principal.
- By selling before starting the procedure, the couple carries out a verbal partition and benefits from a tax exemption, provided that no mention of the sale is made in the divorce agreement.
- Notary fees remain payable despite this exemption.
- Divorce by mutual consent is presented as the best solution to facilitate the sale, even though selling before divorcing may prolong the procedure.
Update of 15 October 2026
Since the law of 7 April 2026, exiting joint ownership (indivision) has become simpler: joint owners holding at least two thirds of the rights can initiate the sale of the property before a notary, with the other owners having three months to object (the judge may then authorise the transaction). Judicial partition now also covers the liquidation of the interests between spouses, PACS partners and cohabiting partners (concubins). After a divorce or the dissolution of a PACS, the partition duty remains set at 1.10% of the net assets partitioned.
Source: Notaires de France; Kohen Avocats, May 2026.
Why sell your house before divorcing?
When a couple sells its property after the divorce, upon taking out a mortgage, it must pay the partition duty taxes. Amounting to 2.5% of the net assets, the sum corresponds to the difference between the value of the house and that of the loan still to be repaid.
If you decide to sell your property before starting the divorce procedure, you carry out a verbal partition and thus benefit from a tax exemption. To avoid being subject to the partition duty, make sure, however, not to mention the sale of your house in the divorce agreement.
Please note that you will still have to pay notary fees.
How do you sell your property before the divorce?
To make the sale of the property easier, the best solution is to use the divorce by mutual consent procedure. By finding common ground with your ex-spouse, you will adopt a uniform and consistent sales strategy.
Depending on the market value of the property and the area in which it is located, selling a property can sometimes prove tedious. You must be aware that selling your house before divorcing may prolong the procedure. Mutual consent then helps ease tensions while the sale is under way.
How can you help the sale of a house before the divorce procedure?
On the property market, the reason for selling can influence the purchase offer. When potential buyers know about your divorce, they may take advantage of the urgency of the situation to negotiate a price below the real value of your property.
From both a legal and a commercial point of view, it is therefore preferable to remain discreet about the reasons for the property transaction. At Optimhome, our advisers put their expertise at your service to support you through this decisive stage of your life and help you make the right decisions.
Are you considering selling? To find out the market value of your property, request a free valuation.
Also read on the blog
- Renovating a bathroom or a kitchen: what impact on the value of the property?
- Selling a property to finance a move into an EHPAD (nursing home): what you need to know
- Clay shrink-swell (RGA): the risk to check before buying
- Selling a property listed as a historic monument: constraints and taxation
- Selling building land: how to value it and enhance its appeal
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. »
