When a spouse or partner passes away, the surviving partner's right to remain in their shared primary residence—either permanently or temporarily—depends on key factors. These include the relationship status (married, PACS civil solidarity pact, or common-law concubinage) and whether the couple owned or rented the property. As experts in French family and inheritance law, we outline these rights clearly below, drawing from established legal precedents.
For married couples, the surviving spouse enjoys a lifelong right to remain in the family home occupied with the deceased. This automatic right applies regardless of remarriage and holds even in joint ownership with the deceased or third parties.
This protection extends if the deceased was the sole owner. However, if the deceased held the property in joint ownership with third parties (beyond the couple), the survivor may only stay for one year post-death.
In joint ownership under PACS, the survivor has a one-year right to stay, unless the deceased specified otherwise in a will. They can also request "preferential allocation" from the notary during succession for priority to keep the home, or the deceased could make this automatic via will.
If the deceased was the sole owner, the one-year occupancy applies unless contradicted by will.
Joint ownership offers no automatic right for the survivor; heirs take priority and may sell the property. With minor children together, a judge may allow retention of joint ownership for up to one year.
A will can include a repurchase clause, or one can be in the joint ownership agreement. If solely owned by the deceased, no right exists unless usufruct is bequeathed by will.
Alternatively, owning via a civil real estate company (SCI) with statutes allowing retention provides another option.
The survivor inherits the tenancy indefinitely, even if only the deceased signed the lease. Within the first year, they may seek rent reimbursement from the estate.
Joint lease holders continue freely. If solely the deceased's name, the lease transfers, though relatives may contest it.
Joint signatories retain exclusive rights. Sole deceased signatory: lease transfers if cohabitation lasted at least one year and was "notorious" (continuous, stable, public).
Under one year, lessor approval and new lease required. Exception for 1948 Act properties (pre-Sept 1, 1948 builds in towns over 10,000 inhabitants with moderated rent): no right unless disabled with notorious cohabitation.
