Surviving spouse succession what happens to the family home

In Massy, Palaiseau or Chilly-Mazarin, the issue of surviving spouse succession is crucial when a spouse dies. According to current French law and the community property regime, the surviving spouse can choose to keep full usufruct over all assets or one quarter of the estate in full ownership, if all children are from the couple. Where children come from other unions, only one quarter in full ownership is available. This choice must be made within three months of the heirs’ notice, or else usufruct applies by default.

The surviving spouse may live in the family home for life, even when the bare ownership passes to children. Upon death, who inherits? The spouse first has a temporary right to the home; then the children or other heirs become bare owners according to the option selected. All personal assets are passed on according to inheritance rules, and the surviving spouse is fully exempt from inheritance tax on all inherited property.

This community property regime ensures the surviving spouse receives half the jointly acquired assets, while the other half and all personal assets of the deceased are shared among heirs. The system protects the household and helps transfer assets smoothly and without major conflict.

Having a home appraised in advance is highly advised, especially in Massy where varied local prices influence inheritance decisions. Nicolas Immobilier has been a trusted local agency for over ten years, helping families secure their homes and inheritance.

To find out more:

• Agency website: https://nicolas-benoit-immobilier.fr
• Article source: https://nicolas-benoit-immobilier.fr/actualite/succession-conjoint-survivant-que-devient-la-maison-familiale

Advice from Nicolas Immobilier

For successful surviving spouse succession, know your rights, anticipate the administrative steps and seek expert guidance. Nicolas Immobilier supports families in protecting and fairly transferring their family homes.