Death of the Civil partnership partner: What are the rules of succession?
Verified 08 October 2024 - Directorate for Legal and Administrative Information (Prime Minister)
If your partner dies, your Civil partnership ends. You're not an heir. Your inheritance rights differ depending on whether the deceased made a will or not. We present you with the information you need to know.
No will
In the event of the death of your Civil partnership partner, you will recover your own property and your share of the goods that are common to you.
On the other hand, you have no rights to your partner's assets.
In the absence of a will, you can't inherit from each other.
As far as inheritance is concerned, you are considered to be foreigners to each other.
Please note
You can ask for thepreferential allocation of your partner's vehicle if it is necessary for your daily life or your profession.
The situation differs depending on whether your Civil partnership partner was a tenant or an owner.
Répondez aux questions successives et les réponses s’afficheront automatiquement
The deceased partner was a tenant
The partners were co-owners of the lease
You benefit from a exclusive right to the lease in one of the following cases (the heirs of the deceased have no rights to the lease):
- You signed the lease every two years
- One of you two didn't sign the lease, but you jointly asked the lessor to co-own it.
However, you can waive the lease by giving your notice (leave) to lessor.
FYI
Durant the year following the death, you can stay in your shared accommodation for free. The estate must pay you back the rent.
Only the deceased was the holder of the lease
You benefit from the lease transfer.
However, other relatives (descendants, ascendants...) may apply for the lease to be granted.
In the event of a conflict, it is up to the judge to decide on the award.
The competent judge shall be the protection litigation judge the court on which the dwelling depends.
Warning
Social housing or housing governed by the 1948 Act is subject to a different regulation.
Durant the year following the death, you can stay in your shared accommodation for free. The estate must pay you back the rent.
The deceased partner owned it
The partners were co-owners
In the event of the death of your partner, you end up in division with the heirs of the deceased.
Durant the year following the death, you can stay for free in the accommodation that was your principal residence. To do that, you had to occupy the dwelling at the time of death.
You also benefit from the free use of the furniture in the accommodation.
You can also benefit from preferential allocation housing. To do this, you must ask the notary at the time of the division of the goods and pay a relief.
The deceased was the sole owner
You have no no right property on the home of your deceased Civil partnership partner.
However, during the year following the death, you can stay for free in the accommodation that was your principal residence municipality. To do that, you had to occupy the dwelling at the time of death.
You also benefit from the free use of the furniture in the accommodation.
Will
The situation differs depending on whether your Civil partnership partner has had children or not.
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In the presence of children
In the event of the death of your partner, you will get your own property and your share of the goods that are common to you.
Your partner may, in his will, bequeath part of his property to you.
Children must receive a share of the inheritance of the deceased.
The share of inheritance reserved for children is as follows:
- The half property for 1 child
- The 2/3 property for 2 children
- The 3/4 property for 3 children and more.
The available quota, i.e. the remaining part of the estate, may be freely assigned by the deceased in his will.
Example :
The deceased has a heritage of €200,000 and three children. His children will share 3/4 of this heritage either €150,000 in equal parts. Each child will therefore receive €50,000. The deceased can assign you the remaining 1/4 either €50,000.
As a past partner, you have no inheritance tax payable on the property your partner bequeathes to you by will.
In the absence of a child
In the event of the death of your partner, you will get your own property and your share of the goods that are common to you.
Your partner may, in his will, bequeath to you all or part of his property.
FYI
As a past partner, you have no inheritance tax payable on the property your partner bequeathes to you by will.
The situation is different depending on whether your Civil partnership partner was a tenant or an owner.
Répondez aux questions successives et les réponses s’afficheront automatiquement
The deceased partner was a tenant
The partners were co-owners of the lease
You have an exclusive right to the lease in one of the following cases (the heirs of the deceased have no rights to the lease):
- You signed the lease every two years
- One of you two didn't sign the lease, but you jointly asked the lessor to co-own it.
However, you can waive the lease by giving your notice (leave) to lessor.
Durant the year following the death, you can stay in your shared accommodation for free. The estate must pay you back the rent.
Only the deceased was the holder of the lease
Upon the death of the lease holder, you benefit from the transfer of the lease.
However, other relatives (descendants, ascendants...) may apply for the lease to be granted.
In the event of a conflict, it is up to the judge to decide on the award.
The competent judge shall be the protection litigation judge the court on which the dwelling depends.
Warning
Social housing or housing governed by the 1948 Act is subject to a different regulation.
Durant the year following the death, you can stay in your shared accommodation for free. The estate must pay you back the rent.
The deceased partner owned it
The partners were co-owners
In the event of the death of your partner, you will, in principle, division with the heirs of the deceased.
Durant the year following the death, you can stay for free in the accommodation that was your principal residence. To do that, you had to occupy the dwelling at the time of death.
You also benefit from the free use of the furniture in the accommodation.
However, your owning partner may, by will, to deprive you of this right free of temporary occupation.
At the time of the succession, you can have housing assigned to you as a priority, if your partner has included this right in his will.
You will have to compensate the heirs if necessary.
Take the advice of a notary.
Who shall I contact
The deceased was the sole owner
Durant the year following the death, you can stay for free in the accommodation that was your principal residence. To do that, you had to occupy the dwelling at the time of death.
You also benefit from the free use of the furniture in the accommodation.
However, your owning partner may, by will, to deprive you of this right free of temporary occupation.
Your partner may also, by will, grant you the accommodation, provided that its value does not exceed available quota.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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The informants who answer you are from the Department of Justice.
- Legal permanence
- Notary
Civil Solidarity Pact
Partner transfer duty exemption
Lease: dissolution Civil partnerships
Co-ownership of the lease
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