Buyout Calculator - Divorce & Co-ownership

The buyout is paid by the ex-spouse who wishes to keep the common property. The amount corresponds to half the value of the property (after deducting the remaining debt). This operation allows to "buy back" the other spouse's share.

Several options are possible: use your personal savings, take out a specific loan (buyout loan), refinance your mortgage to include the buyout, or use your rights to compensatory benefits. Banks offer dedicated loans with suitable conditions.

Yes, paying a buyout requires the intervention of a notary, who draws up the share buyback deed. The notary's emoluments follow a sliding scale set by the Commercial Code, which depends on the deed (partition or licitation) and on the amount; VAT, registration duties, formality charges, disbursements and the land registry contribution are added on top. Their relative weight depends on your situation: duties weigh heavily for non-family co-ownership, where transfer duties apply, and much less after a divorce, where partition duty is only 1.10%. All of it is borne by the person acquiring the shares.

If you cannot pay the buyout, several solutions exist: request payment in installments with the other party's agreement, sell the property and share the proceeds, or transform the co-ownership into an SCI. In the context of a divorce, the judge can order the sale of the property if no amicable solution is found.

It depends on the applicable regime. For a divorce, a legal separation, a PACS dissolution, an inheritance, a gift-partition, or a single property still held jointly within the family after an inheritance or a gift-partition, this simulator charges no transfer duties: only partition duty is due, 1.10% in the first three cases and 2.50% in the others (art. 746 and 748 CGI — art. 748 covers partitions of an estate, of a marital estate or of a gift-partition, and also property a married or PACS couple bought together). For non-family co-ownership, or family co-ownership born of a joint purchase or a simple gift, it applies the licitation regime: your department's transfer duties, from 5.09% to 6.32%, on the shares acquired, that is the buyout plus the seller's share of the loan you take over (art. 750 I and 683 CGI), with no partition duty. If the notary drafts the deed as a partition rather than a licitation, 2.50% partition duty is added on the rest of the net assets (art. 747 CGI). That is why the simulator asks where a family co-ownership comes from: the family tie is not enough, the origin of the property decides.

Although not legally required, it is strongly recommended to have an appraisal done by a professional (real estate agent, real estate expert, notary). This estimate provides an objective basis for the calculation and avoids conflicts. In case of disagreement, the judge can order a judicial appraisal.