Buying with someone in a new-build: joint ownership (indivision) or SCI? The 2026 guide

Published on September 19, 2026 · Financing

Family preparing financing for their new-build purchase

Buying a new home with a partner is a fine undertaking, but also a legal and wealth-related decision that deserves careful thought. Married couple, civil partners, cohabiting partners, friends or members of the same family: how you hold the property will not be neutral. There are two main options: joint ownership (indivision) and the SCI (Société Civile Immobilière, a civil property company). Each has its own logic, strengths and constraints.

In 2026, with a new-build market supported by schemes such as the PTZ for a main residence or the new rental investment framework, the choice of structure becomes especially relevant. This article helps you see things clearly, without unnecessary jargon, to steer your project in the right direction.

Understanding the two ways of holding property

Joint ownership: the default solution

When two people buy together without creating any particular structure, they are automatically in joint ownership (indivision). Each buyer holds a share of the property, expressed as a percentage (for example 50/50 or 60/40 depending on each person's contribution).

This is the simplest and most common method, particularly for a main residence. No formal creation steps are required: the division is recorded directly in the notarial deed.

The SCI: holding through a company

The SCI involves creating a civil company that becomes the owner of the property. The buyers then become partners, holding company shares proportional to their contribution. The company is managed by one or more managers appointed in the articles of association.

This structure requires more formalities (drafting articles of association, registration, accounting) but offers management and transfer flexibility that is particularly valued for wealth-planning or rental investment projects.

Joint ownership and SCI: comparing the key criteria

Ease of set-up

Joint ownership wins clearly on this point. No articles to draft, no creation costs: you sign and you are owners. The SCI, by contrast, involves a preparatory phase (articles, publication, registration) and often the support of a legal professional.

Our advice: for a couple buying a first main residence, joint ownership is very often sufficient. For a multi-party or wealth-oriented project, the SCI is more justified.

Day-to-day management

Under joint ownership, major decisions (selling, carrying out substantial works) in principle require the agreement of all co-owners. This can create deadlocks in case of disagreement: this is the well-known rule that "no one can be forced to remain in joint ownership".

The SCI brings more fluidity here: the articles organise decision-making, appoint a manager and set the majority rules. A single partner cannot force the sale of the property.

Passing on wealth

This is one of the major advantages of the SCI. Transferring company shares is often more flexible than transferring a property held in joint ownership. It makes progressive gifts to children and estate planning easier.

Under joint ownership, transfer follows the standard inheritance rules, which may be less adaptable.

Protection in case of separation or death

For cohabiting or civil partners, the SCI can secure the situation through suitable articles clauses. Under joint ownership, the absence of a specific framework can complicate matters in case of separation or the death of one buyer, especially outside marriage.

Personalised advice is essential here: each family situation calls for a tailored response.

New-build: advantages that matter whatever the structure

Buying new offers advantages that apply equally under joint ownership or an SCI:

Reduced notary fees on new-build, generally between 2 and 3 % of the price, compared with 7 to 8 % for existing property.
No works to plan, with homes built to the latest energy standards.
Builder guarantees (parfait achèvement, biennale, décennale) securing your investment.

For a main residence, joint ownership allows each buyer, subject to conditions, to potentially use the PTZ, whose ceilings and proportions vary by zone. This subsidised loan is assessed on a case-by-case basis.

Please note: the PTZ is intended for the purchase of a main residence by a natural person. Holding through an SCI does not confer the same entitlements, which is a key point of attention for first-time buyers.

Investing together: which structure for rental property?

If your goal is rental investment, the reasoning changes. Several frameworks exist in 2026 for investing in new-build property, each with its own rules. These are neither successors to nor replacements for a former scheme: they are standalone frameworks to be examined according to your situation.

A few reference points on rental taxation:

For non-professional furnished letting (LMNP), the micro-BIC regime applies up to a certain revenue ceiling, with a flat-rate allowance. The non-professional threshold is also regulated.
For unfurnished letting, the property deficit may be deducted each year within a regulatory limit.
Certain intermediate rental investment schemes set rent ceilings by zone.

Warning: no return is guaranteed, and no VAT recovery is automatic. A reduced VAT rate may apply under conditions in certain operations (specific zones and commitments). These mechanisms require a precise analysis of your tax position.

The SCI is frequently preferred for multi-owner rental projects, as it organises management and the distribution of income. However, the option (SCI subject to income tax or corporation tax) has significant tax consequences: professional guidance is essential.

A concrete example to illustrate

Marie and Julien, an unmarried couple, are buying their first new apartment to live in. Joint ownership suits them: simplicity, the possibility of applying for the PTZ depending on their zone, and shares allocated according to their respective contributions. They nevertheless plan to secure their position through an agreement.

Conversely, Sophie and her brother wish to invest together in a new property for rental, with the idea of later involving their children. The SCI better meets their need for shared management and gradual transmission.

How do you choose with confidence?

There is no universally "best" solution: it depends on your personal situation, your objective (living in or investing), your tax position and your succession plans. Remember also the debt ratio of 35 %, which governs your borrowing capacity, and make sure all the financial parameters of your project are checked.

The sensible step: be guided by a professional who will analyse your specific case before you sign.

Take action: book an appointment with a JL HOME adviser or start your personalised simulation to identify the arrangement best suited to your joint purchase of new-build property.

Content updated in 2026, for information only. Each legal and tax situation must be validated by a professional.

Frequently asked questions

Can you benefit from the PTZ when buying jointly in new-build property?

Yes, subject to conditions, when the purchase concerns the main residence of individuals holding the property in indivision. The ceilings and percentages depend on your zone. An SCI structure does not confer the same entitlements: please have your eligibility checked with a JL HOME adviser.

Is indivision riskier than an SCI?

Indivision is simpler but can lead to deadlock, as important decisions require the agreement of all co-owners. An SCI organises management through its articles of association. The best choice depends on your family situation and your objectives.

Does the SCI allow VAT to be reclaimed automatically?

No. No VAT reclaim is automatic. A reduced rate of VAT may apply under conditions in certain specific transactions. Each case must be analysed individually with a professional.

What are the notary fees for a new build?

In new-build property, these are generally reduced, around 2 to 3% of the property price, compared with 7 to 8% for existing property. This amount remains to be confirmed depending on your transaction.

What is the difference between indivision and an SCI when buying jointly in new-build property?

Under indivision, each buyer directly holds a share of the property (e.g. 50/50) without any formal incorporation step. With an SCI, a company owns the property and the buyers hold company shares. Indivision is simpler for a main residence; the SCI offers more flexibility for managing and passing on an investment.

How much does it cost to set up an SCI in 2026?

Setting up an SCI generally costs between 200 € (formalities alone: registration and legal notice) and 2 000 to 2 500 € with the support of a notary or lawyer to draft the articles of association. Joint ownership, by contrast, involves no setup cost.

What happens in the event of separation when buying under indivision?

In the event of separation, indivision can be ended by one party buying out the other's share or by selling the property. Under Article 815 of the French Civil Code, no one can be compelled to remain in indivision: any co-owner may request partition, which can lead to a court-ordered sale in the event of disagreement.

Can you buy jointly in new-build property without being married or in a PACS?

Yes. Unmarried couples, friends or members of the same family can buy together under indivision or through an SCI. Without marriage or a PACS, an SCI is often recommended, as it secures each party's contributions and sets out how one buyer may exit.

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