Question to an expert
I acquired my home in joint ownership but it was I who repaid the loan, what will happen in the event of separation?
Many owners discover, when separating, that the method of financing their real estate acquisitions was a time bomb… These risks exist as much for spouses separated from property as for cohabitants or PACS partners in a separatist regime buying in joint possession.
The judges have already had to rule: whoever has repaid everything, including interest, may have to bear compensation to recover the property! Because the ownership of each is determined according to the proportion indicated in the deed of acquisition, whatever the terms of financing.
You can request the repayment of a claim under your financing. But, in the presence of a loan, the rules of joint ownership will take precedence over those of the matrimonial regime. The valuation of the debt, left to the discretion of the judge, will not be strictly modeled on the value acquired by the financed property, other criteria will be retained.
Beyond the problems of evaluation of this debt, two foundations can defeat any compensation: the contribution to the expenses of the marriage, and the existence of a gift. Everything will depend on the circumstances of the acquisition.
But these are all sources of conflict if you separate. One solution is to make the proportion financed coincide upstream with the share of ownership acquired.