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Help for second wife

Here are the legal options to protect your second wife’s rights to your property

My wife and I are in our second marriages with children from previous marriages. Our house is in my name. 

I am 12 years older and, should I die, she may be left with no property or rights. None of our children wants to take over the property. Apart from selling, is there a solution?

If your children – not your stepchildren who have no rights against your estate – are prepared to enter into a pacte successoral by notarial deed, they may waive their rights against the house (or any other part of your estate) in advance in favour of your wife. 

You could then by will, also preferably by notarial deed in this case, leave the title to the house absolutely to your wife in the event of you predeceasing her. 

You must understand in that case, that her children – your stepchildren – would then inherit the house on her death, to the exclusion of your own children. 

An alternative is to leave a life interest (usufruit) in the house to your wife by will, and the reversion (nue-propriété) in equal shares to your children. 

Your wife would then retain use of the house for her lifetime and your children would only enter into possession on her death. 

You could also look at the ‘EU regulation’ option to use the law of your nationality.