A property purchased under the regime of the legal community reduced to acquests (or without a marriage contract) enters into the patrimony of the community equally.
This division in equal shares is the most frequent situation, but is not a particular obligation for the purchase of real estate.
When both spouses want to buy two with a different or unequal contribution , this distribution must be specified in the deed of sale.
A spouse can also specify that the funds necessary for the purchase come from own funds such as a donation, an inheritance, a purchase of real estate before marriage or the sale of a clean property during the marriage .
Buy a property alone when you are married in community of property
In the case of a marriage contract under the separation of property regime, the purchase of real estate is carried out by each spouse according to his financial possibilities.
In this case, although the loan is global, the monthly payments are deducted in proportion to the investments in the bank account of each of the co-borrowers.
It is also possible to borrow alone while being married . In this case, the property purchased alone will belong to the purchaser.
SSV a solution, but nothing miraculous
To answer the questions posed by a real estate purchase being married or not, the trend in recent years has been to create a family SSV.
If the SSV brings some benefits to remarried couples who have had children from a previous union, it is not without risks and responsibilities for the partners.
Like a loan taken out when purchasing a property under the community plan, when an SSV takes out a mortgage, each of the shareholders is responsible for the repayment of the loan, his personal assets being able to be called as collateral.
Buying two with different contributions does not change this situation, shareholders are presumed joint debtors, the obligation to repay is deemed to rest for half on each co-borrower.