Soulte calculation: buying out the spouse who leaves the home
Value of the home, loan still owed, each person’s share: three figures are enough to estimate the soulte.
Checked by Radif Partners · Editorial policy
A soulte is the sum paid by the spouse who keeps a jointly owned property to the one who gives up their share. It is calculated on the net value of the property, meaning its current value minus the capital still owed, multiplied by the share of the spouse who leaves: half under the community of property or for a 50/50 joint purchase, otherwise the proportion written in the purchase deed. A house valued at €320,000, with €140,000 still to repay, has a net value of €180,000; the soulte is €90,000 if each owns half, €72,000 if the leaving spouse owns only 40%. On top of the soulte comes the 1.10 % partition duty on the net assets, €1,980 here, and the spouse who stays takes over the loan alone, if the bank agrees to release the other. The word itself has no English equivalent; British readers can think of it as an equalisation payment on the home.
Soulte and partition duty
Soulte to pay
€90,000
| Net value of the home | €180,000 |
| Partition duty (1.10%) | €1,980 |
| Total to fund, loan taken over included | €231,980 |
Excluding the notary’s regulated proportional fee: ask for the notary’s statement.
The formula, without shortcuts
Soulte = (market value − capital still owed) × share of the spouse who leaves. Market value is assessed on the day of the division, not the day of purchase: a gain benefits both, and so does a loss. The capital still owed appears on the loan’s repayment schedule or on a bank statement at the planned date of the deed. Early repayment penalties, if the loan is paid off, are deducted.
It gets more complex when one spouse paid part of the price from their own funds, an inheritance or a gift. Under the community of property, they are owed a reimbursement (récompense), added to their share. Between PACS partners or unmarried couples, it is a claim between joint owners. The calculator assumes balanced contributions; the page on dividing assets handles reimbursements.
Five worked examples
| Value | Loan still owed | Net value | Soulte | Partition duty |
|---|---|---|---|---|
| €200,000 | €150,000 | €50,000 | €25,000 | €550 |
| €250,000 | €80,000 | €170,000 | €85,000 | €1,870 |
| €320,000 | €140,000 | €180,000 | €90,000 | €1,980 |
| €450,000 | €0 | €450,000 | €225,000 | €4,950 |
| €180,000 | €195,000 | -€15,000 | €0 | €0 |
The last case is a recent purchase where the loan exceeds the value: there is neither soulte nor duty on that property, only a debt to share. The second shows a loan almost repaid: the soulte becomes heavy to finance, even though the remaining monthly payment is small.
The real cost of staying in the home
The spouse who keeps the property pays the soulte, takes over the remaining debt, pays the partition duty and the notary’s regulated proportional fee. The duty is charged at 1.10 % with a minimum of €25, under article 746 of the French Tax Code and the service-public.fr sheet on dividing property. On €100,000 of net assets it comes to €1,100; on €500,000, €5,500. To see whether the bank will follow, the buy-out loan calculator works out the new monthly payment.
Selling instead of buying out
Selling avoids the soulte: the price repays the loan and the balance is divided according to each person’s rights. A sale of the shared home to a third party before the division is not itself a division, and the 1.10 % duty then applies only to the sums divided afterwards in a deed. Selling is often the answer when neither spouse can take over the loan alone, or when the home is too big for one household.