When a spouse passes away, the question arises: can the surviving spouse sell the family home? In 2025, this right depends directly on the type of ownership: usufruct or full ownership. If the spouse is the sole owner, they may sell freely. With only usufruct, they cannot sell without all heirs agreeing.

"Only the surviving spouse who owns the property outright can sell the family home alone. With usufruct, heirs’ approval is required."

Surviving spouse’s rights after a death

After a death, French law allows the surviving spouse to choose: either usufruct on all assets or full ownership of one quarter. Choosing usufruct gives heirs the bare ownership (nue-propriété). This split protects the spouse and heirs but blocks the sale without unanimous consent.

Selling a property in usufruct

To sell a property that is split between usufruct and bare ownership, unanimous consent is required. The surviving spouse has rights of use only and cannot sell alone. Without agreement, judicial sale is possible, but lengthy and costly.

How sale proceeds are split

If everyone agrees to sell, the proceeds are divided based on the usufructuary’s age, using the official tax scale. For example, at age 65, the spouse gets 40%, heirs get 60%. This ends the division.

Alternative solutions to the sale

Other options include:

• Transferring the division to another asset;

• Quasi-usufruct, allowing the spouse to use the funds freely;

• Renting out the property for income;

• Buying out shares between heirs or by the spouse.

The essential role of a notary

A notary is vital: drawing up deeds, checking agreements, dividing proceeds, advising on tax. They can mediate between spouse and heirs if needed.

Estimating before a sale

A free property valuation is key before making decisions (https://nicolas-benoit-immobilier.fr/estimation-en-ligne). This gives a fair price based on location, size, and condition. Prices in Massy, Palaiseau, and Chilly-Mazarin have risen in 2025, so rely on a local expert agency.

Nicolas Immobilier’s advice in Massy, Palaiseau & Chilly-Mazarin

For any succession property case, contacting Nicolas Immobilier means receiving personal, transparent, expert support. Our agency leads the local market with over 1,400 satisfied clients. With fast service and local expertise, we help you assess, sell, or manage your property with peace of mind. Check our 

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