What happens to the family home in France when your spouse dies?

In France, when a spouse dies, the survivor enjoys strong protections over the family home – even if the children want to sell.

The spouse has the right to remain in the family home, free of charge, for a year after the death.

Thereafter, there may be other rights on which the surviving spouse can rely, for example an automatic right to a life interest, provided the deceased did not have children from another relationship.

The French Civil Code also confers some rights of occupation, but it is prudent to ensure you declare your intentions within a year of the death to preserve these rights.

There may be other ways in which you can continue to occupy or own the property following the death of your spouse.

If a tontine clause is included in the purchase deed, you should inherit the house absolutely.

The house may also pass to you entirely by virtue of your matrimonial regime.

It is important to consider the terms of your spouse’s will. This may grant you a life interest (usufruit) in the property, which should protect your position.

For more advice on legal issues in France, contact Ashtons Legal.

Planning ahead to protect your position

In summary, there are various ways in which, as a surviving spouse, you may be able to protect your right to continue living in the property, both for the short term and beyond.

As such, it is important to seek specific advice from suitably experienced lawyers.

As a general observation, it is sensible to consider these options when you are both able to do so, particularly in the presence of children from other relationships.

There are usually options available, but these may require careful planning.

Matthew Cameron is a partner with Ashtons Legal.