Losing a spouse is a painful ordeal that unfortunately comes with numerous administrative procedures and crucial questions about the future, particularly regarding your living arrangements. In France, the legislature has progressively reinforced the protection of the surviving spouse to prevent them from being abruptly forced out of the family home or left destitute when facing other heirs. Whether you are married, in a civil partnership, or cohabiting, and whether you reside in France or are a foreign resident subject to French inheritance law, it is essential to understand your rights to plan ahead and protect your future.
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I. The Surviving Spouse's Rights to the Housing: A Step-by-Step Protection
French law places a very special emphasis on respecting the living environment of the surviving spouse. This protection is structured around two distinct but complementary rights: the temporary right to housing and the lifelong right to housing.
1. The Temporary Right to Housing: An Automatic One-Year Protection
The temporary right to housing is a matter of ordre public (public policy). This means you cannot be deprived of it, not even by a will.
According to Article 515-6 of the Code civil (French Civil Code) (which refers back to Article 763), if at the time of death you actually occupied, as your main residence, a property belonging to both spouses or depending entirely on the estate, you are entitled, for 1 year, to the free enjoyment of this accommodation as well as the furniture that furnishes it.
- If you were tenants: The rent payments are reimbursed to the surviving spouse by the estate as they are paid.
- If you were married or in a PACS: This right applies in the same way. On the other hand, concubins (cohabiting partners in a free union) are completely excluded from this right.
2. The Lifelong Right to Housing: Living in the Property for Life
The lifelong right (droit viager au logement) goes much further by allowing the surviving spouse to remain in the property until their own death. This right is governed by Article 764 of the Code civil.
- The conditions: The accommodation must have belonged exclusively to both spouses or to the deceased. This right also applies to the furniture.
- The nature of the right: This is a right of habitation and use (droit d'usage et d'habitation). The spouse does not become the owner, but can live there free of charge. If the accommodation is no longer suited to their needs (for example, if they move into a retirement home), they can rent it out to finance their new accommodation (under certain conditions).
- The major restriction: Unlike the temporary right, the deceased may have deprived their spouse of the lifelong right, but only through an authentic will (testament authentique, drafted before two notaries or one notary and two witnesses). Furthermore, this right does not automatically apply to PACS partners, who must imperatively have been designated as beneficiaries by a will.
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II. The Surviving Spouse's Share of the Inheritance: The Substantive Rules
The share of the assets (excluding the specific housing rights) that goes to the surviving spouse depends on the presence of other heirs (children, parents) and the matrimonial regime chosen. The Code civil strictly regulates this distribution.
1. In the Presence of Common or Non-Common Children
Article 757 of the Code civil sets out the basic rules of inheritance in the presence of descendants:
- If all children are born to both spouses: The surviving spouse has a choice (inheritance option) between:
- 100% of the estate in usufruit (usufruct: they use the assets and receive the income, for example, rent from a buy-to-let investment).
- 25% (one quarter) of the estate in pleine propriété (full ownership).
- If one or more children are not from both spouses (blended family): The surviving spouse has no choice. They automatically receive 25% of the estate in pleine propriété. Usufruct is denied to them by law to avoid prolonged conflicts of interest with stepchildren.
2. In the Absence of Children (Inheritance in the Presence of the Deceased's Parents)
If the deceased had no children, the estate is shared with their parents if they are still alive (Article 757-1 of the Code civil):
- If both parents are alive: The surviving spouse receives 50% (half) of the estate in pleine propriété, and each parent receives 25%.
- If only one parent is alive: The surviving spouse receives 75% (three-quarters) in pleine propriété, and the surviving parent receives 25%.
- If both parents are deceased: The surviving spouse inherits 100% of the estate, excluding the brothers and sisters of the deceased (except for the droit de retour—the right of return—on family assets received by donation).
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III. Concrete and Numerical Examples
To better understand how these rules apply, let us analyze two common situations.
Example 1: The Case of Marie (Tenant and Surviving PACS Partner)
Marie was in a PACS with Jean. They rented an apartment together in Paris for a monthly rent of €1,200. Jean dies suddenly.
- Temporary right to housing (1 year): As a PACS partner, Marie automatically benefits from the temporary right to housing for 12 months. She continues to live in the apartment. Jean's estate must reimburse her for the share of the rent that was Jean's responsibility, i.e., €600 per month, representing a total financial support of €7,200 over the year.
- Lifelong right to housing: Since Jean did not draft a will to this effect, Marie does not benefit from any lifelong right to housing. At the end of the year, she will have to pay the €1,200 rent alone or give notice to leave.
- Inheritance: Without a will, a PACS partner is considered a legal stranger to the estate. Marie receives no share of Jean's estate, which goes entirely to his parents or siblings.
Example 2: The Case of Pierre (Married, Blended Family, Homeowner)
Pierre and Sophie were married under the statutory community property regime (communauté légale). They owned a house valued at €400,000 (acquired together, so €200,000 already belongs to Sophie). Pierre passes away, leaving two children from a previous marriage. Pierre's estate amounts to €300,000 (comprising his half of the house at €200,000 and €100,000 in personal bank accounts).
- Right to housing: Sophie benefits from the free temporary right for one year. She then requests her lifelong right to housing within the required timeframe. The value of this lifelong right is deducted from her share of the inheritance.
- Inheritance option: In the presence of children from a first marriage, Sophie cannot opt for the global usufruct. She legally receives 25% of the estate in pleine propriété, which amounts to €75,000 (taken from the bank accounts or as a share of the house). Pierre's children share the remaining 75% (i.e., €225,000). Sophie naturally retains her own half of the house valued at €200,000.
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IV. Practical Steps: A Step-by-Step Guide
To effectively claim your rights, you must follow a specific process with legal professionals.
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[1. Death Declaration & Acte de notoriété]
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[2. Choice of Inheritance Option (25% Full Ownership or 100% Usufruct)]
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[3. Express Request for the Lifelong Right to Housing (1-Year Deadline)]
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[4. Registration of the Estate Declaration (6 to 12-Month Deadline)]
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Step 1: Obtain the Acte de Notoriété from the Notary
Immediately following the death, you must contact a notaire (civil law notary). Armed with the death certificate, the livret de famille (family record book), and a copy of the marriage contract or PACS agreement, the notary will draft the _acte de notoriété_ (record of rights of inheritance). This official document lists the heirs and determines their respective rights.
Step 2: Exercise the Inheritance Option
If you are married and have common children, you must notify the notary in writing of your choice between the usufruct and the one-quarter in full ownership. This choice must be made promptly, because if an heir formally summons you in writing to make your choice, you have 3 months to respond, failing which you will be deemed to have opted for the usufruct.
Step 3: Expressly Request the Lifelong Right to Housing
This is a crucial step that is often forgotten. The lifelong right is not automatic. You must declare your intention to benefit from it. To do this, you must send a written request (by registered mail with acknowledgment of receipt or via a commissaire de justice / bailiff) to the notary and the other heirs within a strict deadline of 1 year from the date of death.
Step 4: Declare and Settle Inheritance Taxes
A surviving married spouse or a PACS partner (provided there is a will) is completely exempt from inheritance tax in France (under the 2007 TEPA Law). However, you must still register the inheritance declaration (déclaration de succession) with the tax authorities within 6 months (if the death occurred in France) or 12 months (if the death occurred abroad).
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V. Key Deadlines, Amounts, and Figures to Remember
| Mechanism / Obligation | Legal Deadline | Concerned Beneficiaries | Financial Impact |
| :--- | :--- | :--- | :--- |
| Temporary right to housing | 1 year (automatic) | Spouses and PACS partners | Completely free (rent reimbursed by the estate) |
| Lifelong right to housing | Request within 1 year | Spouses (and PACS partners if specified in a will) | Lifelong occupation (value deducted from the inheritance share) |
| Inheritance declaration | 6 months (death in France) / 12 months (outside France) | All heirs | €0 in inheritance tax for the married/PACS spouse |
| Inheritance option | 3 months after formal summons from an heir | Spouses (in the presence of common children) | Choice between 100% usufruct or 25% full ownership |
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VI. Common Mistakes to Avoid
- Believing that a PACS protects you as much as marriage: This is the most common mistake. Without a prior will, the surviving PACS partner has no legal right to their partner's estate and no lifelong right to the housing. They can be evicted by the heirs after one year.
- Missing the one-year deadline for the lifelong right: If you do not submit your request to exercise the lifelong right in writing to the notary within 12 months following the death, you lose this right permanently. No recourse is possible after this deadline.
- Forgetting to update your will in the event of separation: If you are legally separated (séparés de corps) but not yet divorced, your spouse retains their full inheritance rights. A will is necessary to limit their rights to the strict legal minimum (as the réserve héréditaire—the protected share of the estate—does not apply to the spouse in the presence of descendants).
- Neglecting the agreement of other heirs for renovations: As a usufructuary or holder of a lifelong right, you must pay for routine maintenance repairs. On the other hand, major structural repairs (main walls, vaults, roofs according to Article 606 of the Code civil) are the responsibility of the nus-propriétaires (bare owners / the heirs). Do not finance major works without their prior written agreement.
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VII. Frequently Asked Questions (FAQ)
Can the surviving spouse be evicted from the property by the deceased's children?
During the first year following the death, the surviving spouse benefits from a temporary right to housing under public policy. They cannot be evicted under any circumstances. Beyond this year, if the spouse has requested their lifelong right to housing, they can live there for the rest of their life, even if the deceased's children own the property walls.
I am a foreign national living in France, which law applies to my estate?
Since the European Succession Regulation of 2015, the law of the last habitual residence of the deceased applies to their entire estate (both movable and immovable property). If you habitually reside in France, French law (and therefore the protections of the surviving spouse described above) will apply, unless you have expressly chosen the law of your nationality in a will.
What happens if the family home was held through a SCI (Property Investment Company)?
If the property belongs to a Société Civile Immobilière (SCI), the rules of temporary and lifelong rights to housing do not automatically apply, because the property belongs to the company and not directly to the deceased. To protect the surviving spouse in this scenario, it is imperative to include specific clauses in the SCI's bylaws (such as a cross-dememberment of shares) or to draft a tailored will.
Does the surviving spouse have to pay tax on the value of the inherited home?
In France, the surviving married spouse and the PACS partner (subject to a will) benefit from a total exemption from inheritance tax. Therefore, they do not have to pay any inheritance tax on the value of the property or the usage rights they receive. However, they remain liable for local taxes (such as taxe foncière / property tax) if they occupy the property.
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Summary
- Immediate protection: The surviving spouse (married or in a PACS) has the right to stay in the family home free of charge for 1 year from the date of death.
- Lifelong protection: The married spouse can request the lifelong right to live in the property until their own death, provided they make a written request within 1 year.
- Tax exemption: The surviving spouse (married or PACS legatee) pays no inheritance tax to the French state.
- A PACS requires a will: Without a will, a PACS partner has no rights to the inheritance nor to remain in the property for life.
- Inheritance option: In the presence of common children, the spouse chooses between 100% in usufruct or 25% in full ownership. In the presence of children from another relationship, they automatically receive 25% in full ownership.
Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.
⚖️ Content reviewed by the AvocatAI legal editorial team
This article is provided for information only and is not legal advice. Consult a lawyer for advice tailored to your situation.