Can a husband rent his accommodation alone?
Rental : Can a spouse rent his or her unit alone
Married couples typically rent a property together. They both sign the lease and hold equal rights and responsibility for the space. With that said, it's also possible for just one part of the married couple to sign the lease on their own. At times, it's even possible for both members to rent their own properties individually even though they're married.
Each of the spouses is free to conclude a lease agreement alone
Any spouse is free to sign a lease for an apartment rental in Paris in their own name only. And since they're married, both spouses will still have full legal rights and responsibilities over the space. So if for example, the wife is the only one who signed the lease, the husband still has the right to live in the property and vice versa.
At the same time, property rental owners and real estate agencies cannot legally refuse a potential tenant because they are married. This is deemed as discrimination under Article 225-1 of the Criminal Code and can potentially get the agency or property owner into trouble with the law.
On the other hand, in the case of a divorce, the spouse who signed the lease can be considered at fault if their tenancy is part of the cause of their separation. This can even be justified in the divorce proceedings depending on the case.
The choice of family accommodation
In this day and age, marriage is no longer constrained by tradition and convention. As such, it's legal for a married couple to live separately in France. They're free to own/rent a property of their own, regardless of how near or far they are to each other. But at the same time, since they are still legally married, each spouse will also share the same rights and responsibilities to the property they've signed a lease with. In short, the husband has as much legal capacity over his wife's rental even though he has a place of his own and vice versa.
It's a different story, however, when it comes to co-owning the property. Special protection is granted unto a family residence, hence why it's not possible for a married owner to sell their property without the agreement of their spouse. And this applies to a property owned by just one spouse too.
- One spouse in a married couple can sign a lease on their own.
- Spouses share the same legal power over rental property.
- Married couples can legally live separately and rent their own homes individually.
- Special protection is granted to a family home.
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Posted on 21/10/2021 by
Andy LECUYER
