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Civil partnership partner death: what are the rules of succession?

Verified 08 July 2021 - Legal and Administrative Information Directorate (Prime Minister)

General case

In the presence of children

In the absence of a will, partners cannot inherit from each other.

In terms of inheritance, the partners involved are considered foreigners to each other.

He who wishes to bequeath property to his partner upon his death shall make a will.

If he has a child(s), legacy is limited to available quota.

In the absence of children

In the absence of a will, partners cannot inherit.

In terms of inheritance, the partners involved are considered foreigners to each other.

He who wishes to bequeath property to his partner upon his death shall make a will.

If he has no children, he may bequeath all his property to his partner.

Housing

Surviving partner benefits from protection of housing.

The deceased partner was a tenant

The partners were joint tenants

The surviving partner has an exclusive right to the lease (the deceased's heirs have no rights to the lease):

  • if both partners had signed the lease,
  • or if one of the Civil partnership partners had not signed the lease, but the two partners had jointly requested the lessor to co-own the lease.

However, he may formally renounce the lease.

Only the deceased was the lessee

If the tenant dies, his partner Civil partnerships: titleContent benefits from the transfer of the lease. However, other relatives (descendants, ascending...) have the right to claim the lease. In the event of a conflict, it is up to the protection litigation judge to decide.

Who shall I contact

FYI  

social housing or housing under the 1948 act is subject to different regulation.

The deceased partner owned

Partners were co-owners

In the year following death, the surviving partner may remain in the dwelling that constituted the main residence partners. Only condition: he was to occupy the house at the time of death.

It also benefits from the free use of the furniture that fills the accommodation.

Please note

an owning partner may, by will, deprive the other partner of this right of temporary occupation.

At the time of the estate, the surviving partner is in indivision with the heirs of the deceased. He can get priority allocation for housing.

However, the deceased must have provided for this right in a will.

The deceased was the sole owner

In the year following death, the surviving partner may remain in the dwelling that constituted the main residence partners. Only condition: he was to occupy the house at the time of death.

It also benefits from the free use of the furniture that fills the accommodation.

Please note

the owning partner may, by will, deprive the other partner of this right of temporary occupation.

At the time of the estate, the surviving partner may be assigned priority to the dwelling if he or she is in indivision with the heirs of the deceased.

However, the deceased must have provided for this right in a will.