Death of the Civil partnership partner: What are the rules of succession?

Verified 08 July 2021 - Directorate for Legal and Administrative Information (Prime Minister)

General case

In the presence of children

In the absence of a will, the partners cannot inherit from each other.

With respect to inheritance, past partners are seen as foreigners to each other.

Whoever wishes, on his death, to bequeath goods to his partner must to make a will.

If he has one or more children, sound bequest is limited to available quota.

In the absence of children

In the absence of a will, partners cannot inherit.

With respect to inheritance, past partners are seen as foreigners to each other.

Whoever wishes, on his death, to bequeath goods to his partner must to make a will.

If he has no children, he may bequeath all his assets to his partner.

Accommodation

The surviving partner receives a protection of the dwelling.

The deceased partner was a tenant

The partners were co-owners of the lease

The surviving partner has an exclusive right to the lease, that is, the heirs of the deceased have no rights to the lease, in the following situations:

  • Or when the two partners had signed the lease
  • Or when only one had signed the lease, but the two partners had jointly asked the owner (or real estate agent) to be joint owners.

But the surviving partner can forfeit the lease by giving notice (leave) to the owner.

Only the deceased was the holder of the lease

Upon the death of the lease holder, the other partner benefits from the transfer of the lease.

But 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.

The competent judge shall be the protection litigation judge the court on which the dwelling depends.

FYI  

social housing or housing governed by the 1948 law is subject to a different regulation.

The deceased partner owned it

The partners were co-owners

During the year following the death, the surviving partner may remain in the dwelling which constituted the principal residence partners. The only condition was that he actually had to occupy the dwelling at the time of death.

It also benefits from the free use of the furniture in the accommodation.

Please note

one owner partner may, by will, deprive the other partner of this temporary occupancy right.

At the time of the succession, the surviving partner finds himself in unison with the heirs of the deceased. He can be allocated housing as a priority.

However, the deceased must have provided for this right in a will.

The deceased was the sole owner

During the year following the death, the surviving partner may remain in the dwelling which constituted the principal residence partners. The only condition was that he actually had to occupy the dwelling at the time of death.

It also benefits from the free use of the furniture in the accommodation.

Please note

the owning partner may, by will, deprive the other partner of this temporary occupancy right.

At the time of the succession, the surviving partner may be given priority for housing if he finds himself in unison with the heirs of the deceased.

However, the deceased must have provided for this right in a will.

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