Editus, Luxembourg directories
Headline article

Buy in pairs: what are the mistakes to avoid?

buy as a couple


You live as a couple and you are thinking of buying accommodation together   ? well done   ! Besides the fact that it is an important stage in your love life, it is a good financial transaction. You split the costs in half. You simplify your access to state aid. You reassure the bank from which you are requesting a loan. In addition, you benefit from an undeniable psychological advantage. Studies have shown that buying two anxieties less than buying it alone. In short, everything is perfect in the best of worlds   ? Yes, if you take certain precautions. 

Time to agree

For starters, be flexible if your real estate tastes tend to diverge. To avoid frustration, find common ground on the criteria that seem most important to you   : house or apartment, in the city or in the countryside, old or new, etc. Then, each on your side, drop ballast on what seems more superficial.

Once  you have discussed what you want or don't want, avoid looking for a good on your own. Your perception of a home and its environment will not necessarily be the same as that of your spouse. A second visit may be necessary. In the end, you may lose time.

Stay open to discussion in all circumstances. Do not try to force your other half's hand if they have doubted something you really like. It is a counterproductive attitude that risks leading over time to a perpetual bone of contention.

When we love, we count   !

Who says buying a house, says money. However it is often a taboo subject in the couple. However, you will have to overcome this pitfall and be transparent and honest if you want to agree on the budget and how to finance the project. Each of you must know what the other is willing to pay as a monthly payment and what your contribution will be. Some banks offer an online credit simulator that allows you to assess your borrowing capacity in a few clicks. Thus, you will have a more concrete idea of the budget that you can allocate during your search for the ideal property.

Are you married? 

The status of your couple will have a direct influence on the property purchase, but also on the future of the property in the event of separation or death. If you are married, you are subject to one of the following three marriage regimes.

The regime of the community reduced to acquests is the status obtained by default if no marriage contract has been signed. He distinguishes between the personal property of each of the spouses (property acquired before marriage, received by inheritance or gift and personal property) and the common heritage (product of the spouses' work, fruit and income from own property, purchases) . In the case of a property purchase during the marriage, the property belongs to the spouses up to 50%, even if one of the two has invested more money in the purchase of the property. In the event of a divorce, the property will be shared. In the event of death, the deceased's share will be shared between the heirs.

In  the separation of property regime , there is no common property. The real estate purchase is made in joint possession   : the spouses are owners up to their financial contribution (if the distribution of funding has been specified on the act of purchase   ; otherwise the property is considered to have been purchased 50/50). According to the law, no one can be forced to remain in joint possession. In the event of a divorce, either the partners share the money from the sale up to their contribution, or the share is bought back by the other spouse.      

The universal community regime is the reverse of the property separation regime. All the couple's property is common, whether it was acquired before or during the marriage. Thus, a real estate purchase belongs to both spouses at 50% even if only one financed it. In the event of a divorce, all of the property will be shared equally between the spouses.

What if you are not married? 

Either you have entered into a partnership (PACS). In this case, all that is acquired before and during the partnership remains the property of each partner on the condition of being able to prove the own ownership of its goods. If proof cannot be provided, the property is considered in joint possession. The purchase of real estate can be done in joint possession, like marriage under the regime of the separation of property. The procedure is the same in the event of separation but not in the event of death. In the absence of a will, the surviving partner is not considered to be an heir.

Either you live in cohabitation . As in the case of partnership, you can buy a property together in joint possession with the same consequences in the event of separation or death.

Obviously, these are only generalities. To help you choose the best option, consult a notary.


Find  all the advice  from ING experts.


Keywords: purchase, bank, cohabitation, couple, loan, inheritance, ING, marriage, notary, partnership, owner, universal community regime, community regime reduced to acquests, separation regime