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What are the spouse's rights to the deceased's dwelling?
Verified 24 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)
What applies to you ?
Your right to stay in the dwelling depends on your relationship with the deceased (marriage, Civil partnerships: titleContent or common law). It also depends on the contract that links you to your accommodation (leasing or property).
Depending on your situation, you can either stay temporarily in the premises or live in the accommodation for life. Occupancy of the accommodation may also be prohibited.
In any case, the right to remain in the dwelling is valid only for the principal residence.
You were married
You can stay in the house for life.
This right is valid regardless of the contract that binds you to the accommodation (leasing or property).
However, if your spouse owned division together with others, your right to occupy the dwelling will be temporary.
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You were tenants
You have the right to stay in the places for life, even if the lease was concluded in the sole name of your spouse.
During the year following the death, you will have to pay the rent. However, you will be able to claim their refund on the succession.
Please note
if you lived separately at the time of death, you are entitled to the transfer of the lease to your name. However, other persons requesting the transfer of the lease (for example, a parent who has lived with the deceased for more than 1 year). In case of conflict, it is the protection litigation judge who will decide on the allocation.
You were owners
You were the only owners
You have the right to live in the dwelling for life after the death of your spouse.
You owned jointly and severally with one or more persons
If you owned division with one or more people, you can live in the dwelling for life after the death of your spouse.
Example :
You have this right when half of the accommodation belonged to you and your husband and half to your children.
Your husband was the sole proprietor
You have the right to live in the dwelling for life after his death.
Your husband owned property jointly with others
If your deceased spouse owned division with other people, you have the right to live in the dwelling for 1 year after his death.
Example :
You benefit from this right when the accommodation belonged for 1/3 to your husband and for 2/3 to his brothers.
Please note
you continue to enjoy the right to live in the dwelling, even if you remarry.
You were there
Your right to live in the home is different depending on whether you were a tenant or a landlord.
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You were tenants
You are joint owners of the lease
You have an exclusive right to the lease in one of the following cases (the heirs of the deceased have no rights to the lease):
- You signed the lease every two years
- One of you two didn't sign the lease, but you jointly asked the lessor to co-own it
However, you can formally renounce the lease by giving your notice (leave) to lessor.
Only the deceased is the holder of the lease
You benefit from the lease transfer.
However, other relatives (descendants, ascendants, ...) have the right to claim the award of the lease.
In case of conflict, it is the protection litigation judge who will decide on the allocation.
You were owners
You owned a division
You may live in the dwelling for 1 year after death unless the deceased has deprived you of this right in a will.
You can also benefit from preferential allocation housing in any of the following cases:
- The deceased had planned it in a will
- You ask the notary at the time of the division of the property and by paying a payoff
Your partner was the sole owner
You can live in the dwelling for 1 year after the death, unless the deceased has planned otherwise in a will.
You were in a common-law relationship
If you lived in a common-law relationship (or cohabitation) with the deceased, your right to live in the dwelling is different depending on whether you were a tenant or a landlord.
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You were tenants
The lease was signed by you 2
You have the exclusive right to the lease. So you can stay in the room.
Lease signed by the deceased
General case
You benefit from the lease transfer if the following 2 conditions are met:
- You had been living with the deceased for at least 1 year prior to death
- The cohabitation was well known (continuous, stable and known relationships)
Proof of this cohabitation can be obtained by any means: attestation of relatives, invoices, joint life certificate, etc.
If your cohabitation lasted less than 1 year, you will have to get the agreement of the landlord and sign a new lease.
Social housing
You benefit from the lease transfer if the cohabitation was well known (continuous, stable and known relationships). Proof of this cohabitation can be obtained by any means: attestation of relatives, invoices, joint life certificate, etc.
Housing governed by the 1948 Act
In the case of a housing subject to the 1948 lawNo, you can't stay here. However, if you have a disability and can prove cohabitation, you have the right to stay in the dwelling.
You were owners
You owned a division
If you owned divisionNo, you don't have the right to stay in the house.
When a cohabiting partner dies, his share goes to his heirs. The latter may decide to sell the housing at the time of sharing.
However, if you have minor children in common, you can ask the court to uphold the division.
Who shall I contact
The deceased may also have planned in advance to keep his or her partner in the premises in one of the following cases:
- By bequeathing his part to the other in a will
- By providing for a redemption clause in a division agreement. This is a clause that provides that, in the event of the death of a spouse, the other spouse will be able to acquire his or her share as a priority.
Your partner was the only owner
You have no right to stay in the accommodation. Your partner's heirs can force you to leave the house.
To allow you to stay in the place, however, your partner may have planned in advance to bequeath you usufruct housing in a will.
FYI
you may also have purchased your accommodation through a Civil Real Estate business (SCI). In this case, the SCI statutes may provide for retention in the dwelling.
Who can help me?
Find who can answer your questions in your region
- Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Notary
- Departmental Agency for Housing Information (Adil)
- Civil Code: Article 1751Co-ownership of the lease
- Civil Code: Articles 763 to 766Spouse's right to temporary housing
- Civil Code: Articles 831 to 834Preferred Attributions
- Law No. 89-462 of 6 July 1989 on rental relationships: article 14Transfer of lease in case of death
- Law No. 89-462 of 6 July 1989 on rental relationships: article 40Transfer of the lease in case of death (social housing)
- Law No. 48-1360 of 1 September 1948 on rental relationships: article 5Retention in the premises (so-called "Law of 48")
FAQ
- Inheritance: order and rights of heirsService-Public.fr
- Settlement of an estateService-Public.fr
- WillService-Public.fr
