Spouse's rights to the deceased's home: remaining, living there for life, and within what timeframe

The right to remain in a dwelling after a death depends on two things: your relationship to the deceased (married, in a civil partnership, or cohabiting) and your status in the dwelling (tenant or owner). If you are married and renting, you have the right to remain even if the lease is solely in the deceased's name. If you are married and own the dwelling, you can live there for life, provided you express your intention within one year of the death, unless the dwelling is jointly owned with other people: in that case, the official document specifies one year. This right applies only to the primary residence.

This page deals with the housing of the married spouse, with a comparison for those in a civil partnership and cohabiting partners. It does not address the spouse's share of the inheritance, the expenses (property tax, insurance, maintenance) of the spouse living in the property, the consequences of remarriage or leaving, nor the monetary value of the right of occupancy: the official sources consulted do not provide details on these matters.

The principle

The official information sheet on service-public.gouv.fr (verified on 27/01/2026) states it as follows: "Your right to remain in the dwelling depends on your relationship with the deceased." Depending on the circumstances, one may be able to remain temporarily, indefinitely, or have no right to remain.

The surviving spouse is also totally exempt from inheritance tax (economie.gouv.fr, article of 27/07/2026).

You are married and a tenant

• You have the right to remain on the premises, even if the lease is solely in the name of the deceased. This is what the document states: "You have the right to remain on the premises, even if the lease was signed solely in your spouse's name."«
• You have an exclusive right to the lease. Another relative can only obtain the lease transfer after your waiver.
• The rent for the year following the death remains to be paid. The information sheet specifies that you can claim reimbursement from the estate.
• If the spouses were living separately at the time of death, The transfer of the lease to your name must be requested from the landlord.
• Other people can also request the transfer of the lease. The document cites as an example a relative who had been living with the deceased for more than a year. The conditions are detailed on document F1725. In case of conflict, the judge of the guardianship court decides.
• Social housing: A foreign spouse must provide proof of a valid residence permit.

You are married and a homeowner

It all depends on how the property is owned.

The time limit is specified in tax doctrine: the surviving spouse "has one year from the date of death" to express their wishes (BOFiP BOI-ENR-DMTG-10-50-10, version in force since April 11, 2016). The information sheet on service-public.gouv.fr does not specify the form this expression of wishes must take: this should be verified with the notary handling the estate.

What the right of habitation covers

The BOFiP (Official Bulletin of Public Finances) specifies that the surviving spouse must have actually occupied the dwelling as their principal residence at the time of death. The dwelling must belong to both spouses or be entirely part of the estate. The surviving spouse then benefits from a right of occupancy and a right to use the furniture within it until their death.

The deceased can waive this right

According to the BOFiP (Official Bulletin of Public Finances), the deceased can waive the right of habitation and use by means of an authentic instrument. The service-public.gouv.fr website does not mention this possibility in its section concerning spouses. The existence of such a provision should be verified with the notary handling the estate.

Convert the right into an annuity or a lump sum

The spouse and heirs may, by agreement, convert the right of habitation and use into a life annuity or a lump sum (BOFiP, § 180). Without a provision allowing for retroactive effect, this agreement has no impact on the calculation of inheritance tax. Conversions of this type are subject to the fixed duty for unspecified deeds: the amount of this duty is not included here because we did not review it at the source.

And what about a couple in a civil partnership or cohabiting?

The rights are different, and they vary depending on the case. For a property owned by the couple, the information sheet distinguishes between the case where the deceased was the sole owner and the case where both were co-owners.

The information sheet on civil partnerships (service-public.gouv.fr, verified on 16/06/2026) adds that, without a will, civil partners cannot inherit from each other. The right of gift to the surviving spouse is reserved for married couples: civil partners and cohabiting partners cannot make this type of gift (economie.gouv.fr).

For a cohabiting partner who jointly owns the property, the information sheet lists what the deceased may have planned to allow them to remain in the premises: bequeathing their share in a will, or including a buy-back clause in a co-ownership agreement. If the property belongs to a real estate company (SCI), the articles of association may stipulate the right to remain in the property.

Numerical example (fictitious profile)

Situation. Hélène and Paul, a married couple, rent out their primary residence. The lease is solely in Paul's name. The rent is €1,450 per month, including utilities (hypothetical situation). Paul dies.

Issue. Can Hélène stay in the accommodation, and what will she have to pay for the following year?

Strategy. Apply the rules outlined in the document: Hélène has the right to remain in the premises even though the lease is in Paul's name, and she has exclusive rights to the lease. She pays the rent for the year following the death, and can then claim reimbursement from the estate.

Result. For 12 months, Hélène pays 12 × 1,450 € = €17,400 of rent, amounting to €4,350 per quarter. This sum may be subject to a claim for reimbursement from the estate. The profile is fictitious and the calculation is based solely on this hypothetical amount.

What changes depending on your situation

• Your relationship with the deceased Being married, in a civil partnership or in a common-law relationship opens up very different rights.
• Tenant or owner, and in whose name is the lease or title deed.
• Housing ownership : sole owner, joint owners, joint ownership with third parties.
• A dwelling that was your main residence : the law only applies to this one.
• The arrangements made by the deceased : authentic deed for a spouse, will for a civil partner or cohabiting partner.
• Social housing or housing subject to the 1948 law Special conditions apply.

The rule depends on your situation. No results are guaranteed.