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Translation of an article written and signed in French by Sandy MASCART, for information. Only the French version is authoritative. Read the French page

Buyouts, renegotiation, bridging loans

Buyout of the equalisation payment and release from joint liability: keeping the property and taking over the loan alone

Equalisation payment, transfer duty, bank consent, deadlines: what you need to arrange to keep the property and take over the loan alone after a separation.

Keeping the property and taking over the loan alone involves two operations: buying out the other party’s share through a notary, via an equalisation payment calculated on the value of the property minus the outstanding capital, and obtaining a release from joint liability from the bank. This is never automatic: neither a divorce judgment nor an agreement between the parties imposes it on the lender, who verifies that the remaining party can bear the loan alone.

By , mandataire d'intermédiaire en opérations de banque et en services de paiement ORIAS 26000541 sous le mandat de CDV PATRIMOINE & ASSURANCE (ORIAS 14005573)

Large Queen Anne-style wooden house in Ottumwa, Iowa, with its corner turret, columned verandas and a trimmed shrub in front.

Key points

  • The equalisation payment is calculated on the net value of the property, minus the outstanding capital, and then apportioned according to each party’s rights.
  • The division of a jointly owned property is subject to a registration duty distinct from the notary’s fees, depending on the couple’s status.
  • Release from joint liability is a decision by the bank, never automatic: a divorce judgment does not release any of the borrowers.
  • The bank may refuse the release without giving a reason: strengthening the file, having the loan refinanced elsewhere or selling remain the available options.
  • Only the bank’s written consent granting the release from joint liability provides lasting protection: neither the judgment nor the agreement replaces it.

Taking over a property purchased jointly on your own means buying out the other party’s share at the notary and obtaining the release of the joint liability from the bank. The latter is never automatic and often requires a loan buyout.

An agreement between you, even if signed, is not enforceable against the lender: consult the bank early.

Calculating the equalisation payment: a two-step formula

The sum paid to the departing party: the net value of the property, less the outstanding capital, distributed according to each party’s rights.

  1. Net value = property value − outstanding capital on the loan.
  2. Equalisation payment = net value × share belonging to the departing party.

First, establish the property value (by agreement or expert valuation) and the outstanding capital as of a specific date. The notary adjusts the figures according to the shares recorded in the deed, the initial contributions and the financing of the instalments; a lawyer will decide if the disagreement persists.

The partition duty: budget for it in advance

A registration duty on the net shared assets, plus the notary’s fees: the most frequent surprise.

The reduced rate applies after a divorce, a legal separation or the dissolution of a civil partnership. Cohabiting partners pay the full rate.

Droit de partage applicable au partage d'un bien indivis
  • Taux de droit commun 2,50 %
  • Taux après séparation de corps, divorce ou rupture de PACS 1,10 %

Assis sur l'actif net partagé. Le régime applicable dépend de la situation : à confirmer avec le notaire chargé de l'acte.

En vigueur depuis le
Source
Article 746 du code général des impôts — Légifrance

A new mortgage also incurs costs: what each guarantee really costs.

Contribution de sécurité immobilière — inscription d'une hypothèque
0,05 %

Une composante parmi d'autres du coût d'une hypothèque, assise sur le montant de la créance garantie. Ce n'est pas le coût de la garantie.

En vigueur depuis le
Source
Légifrance

Complete budget: equalisation payment, partition duty, deed, financing and guarantee.

Discharge from joint liability: the waiver only the lender grants

A written discharge from the lender, neither automatic nor a matter of right: no court can impose it.

Without it, you both remain liable. The person leaving may be pursued in the event of default, and the loan weighs on their future borrowing capacity.

On the insurance side, the new cover is processed as a new application: the shares in a couple. In the event of death: insurance and succession.

The lender checks that the person remaining can service the loan on a single income.

Taux d'effort maximal applicable aux emprunteurs de crédit immobilier
35,00 %

Le plafond ne change pas ; c'est son dénominateur qui se réduit de moitié. C'est là que se joue la plupart des refus de désolidarisation.

En vigueur depuis le
Source
Décision D-HCSF-2021-7, art. 1er — Légifrance

See the debt-to-income ratio, the capacity of a couple and the instalment formula.

Present the post-separation budget

  • The pension paid, counted as an expense.
  • The pension received, not always taken into account in full: the income taken into account.
  • The children's housing in shared custody.
  • The loans from the joint life, to be handled with the mortgage.

Present these expenses yourself, with supporting documents.

Lender refusal: three ways to unblock the assumption

Strengthen the file, have the loan refinanced elsewhere, or sell.

To strengthen: equity, extended term, guarantee from a third party, settled loans. Refinancing elsewhere makes the loan a new financing: the profitability of a refinancing, the release of a mortgage.

Keeping the existing loan or starting a single contract

The equalisation payment is financed by a new loan, added to the assumed capital.

Favourable original rate? Keep it and add a supplementary loan. Otherwise, a single contract resets the term. Compare the total cost, not the instalment.

The complete process, and what delays each step

The solicitor, the bank and the separation proceed in parallel: the slowest dictates the pace.

Step Counterpart Most frequent cause of delay
Agreement on the property value Both parties, an expert if necessary Disagreement on the price
Settlement statement and draft deed Solicitor Waiting for civil status and title documents
Application for release from joint liability The bank An incomplete financing file
Assessment of the financing The bank Income and expenditure evidence
Signing of the partition deed Solicitor Availability of the parties

The solicitor prepares the deed, the bank decides on the release, and the judge intervenes in the absence of agreement. The mortgage intermediary prepares the financing file, without legal advice.

Property held in a company or in unequal shares: what changes

In a civil partnership, it is a transfer of shares. In an unequal co-ownership, the equalisation payment follows the shares in the deed.

In both cases, the loan is handled separately.

When selling is better than buying out

  • The income of the person remaining does not support the loan alone.
  • The net value is low: modest equalisation payment, full fees.
  • The property no longer suits: selling quickly means paying the fees twice.

The document that protects you for years

The written confirmation from the lender granting the discharge, in your name, including the loan number. Nothing replaces it: request it at the time of signing.

Before the appointment with the notary? Create your file or submit the buy-to-let project by telephone.

Sources

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Mandatory legal information, in French:

L’emprunteur dispose d’un délai de réflexion de dix jours ; la vente est subordonnée à l’obtention du prêt ; si le prêt n’est pas obtenu, le vendeur doit rembourser les sommes versées.

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