Succession: "What becomes of the car bought in cohabitation in the event of death?"

A capital reader wonders about the fate of a vehicle acquired as a couple without being married or Pacsé, in the event of the death of one of the two cohabiting coins.

Receive alerts Succession

Pierre, capital reader, addresses the following question: “Hello, we live in cohabitation and bought a car together. If one of us came to die, who would belong to the vehicle? ” Hello Pierre, and thank you for your question, which allows us to come back to a point often difficult to grasp: what happens when a good bought for two in cohabitation enters a succession?

First of all, you should know that as a partner, this property would not come back to you in the event of your partner’s death. Indeed, as Thomas Prud’homoz, associate notary at KL Conseil, recalls, “In the event of the death of a partner, the survivor has no legal right in the succession of the other.” Unlike marriage or PACS, cohabitation (or free union) does not open any right to the inheritance of your half in the event of death.

The co -owner of a property must agree with the heirs of the partner

In your case, you are two co -owners of the vehicle, a priori equally. If this condominium is well established – “For example via the purchase invoice on behalf of the two, a credit or a common transfer”details Thomas Prud’homoz -, then everyone has legally half of the property. Also, in the event of death, the share of the deceased is not automatically transmitted to the surviving partner. She enters her succession, and therefore also returns to her legal heirs (her children, her parents or her brothers and sisters).

It is then said that the vehicle is in joint possession (it is an “undivided” property) between the surviving partner and the heirs of the deceased. The car can then be shared for its use, provided you add the new owners to the gray card. The vehicle can also be sold if an agreement is found between the joint ownership. To avoid any disagreements that this situation can cause, it is recommended to anticipate your succession by writing, for example, a will in favor of the partner in order to benefit it.