Housing: Rules in the Event of a Separation Between a Couple in a Civil Partnership

When one of the partners in a civil union (PACS) dies, the surviving partner has the right to continue living in the deceased’s home for one year. After this period, what happens to the property depends on a number of factors—such as whether or not there is a will. The surviving partner may have to leave the home, or may inherit it in whole or in part.
 

Upon the death of one of the partners in a civil partnership (PACS), the law grants the surviving partner a temporary right to the residence for one year (Articles 763 and 515-6 of the Civil Code). The surviving partner may continue to occupy the couple’s primary residence and use the household goods, unless the deceased partner expressly deprived the surviving partner of this right in their will. 

The temporary right to housing applies even if the partner is neither the tenant nor the owner of the property. This right to occupy the property is granted free of charge, meaning that no compensation is owed. If the couple was renting, the surviving partner may request that the estate cover the rent.
 

The lease is transferred to the surviving partner if:
• Both partners signed the lease for the occupied residence,
• One of the two signed it and they jointly requested to be listed as co-tenants.
The landlord cannot require the surviving partner to vacate the premises, and the deceased’s heirs have no rights to the residence. The surviving partner may retain the lease or terminate it by giving notice to the landlord.
 

If the deceased partner was the sole holder of the lease, the other partner is also entitled to the transfer of the lease. However, certain relatives (ascendants or descendants of the deceased) may claim the lease. In the event of a dispute, the judge for protection matters will arbitrate the matter.
With regard to inheritance, civil union partners are considered strangers to one another. 

Thus, a PACS agreement does not automatically grant the surviving partner any inheritance rights. If they wish to bequeath property to one another, the partners must draw up a will.
 

If there is a will naming them as a beneficiary, a civil union partner is fully exempt from inheritance tax.
If both partners owned the home, the deceased’s heirs become owners in proportion to the share held by the deceased. Joint ownership applies by default. This situation can be problematic, as the heirs are entitled to demand the sale of the home to recover their share of the estate. The surviving civil union partner may be entitled to preferential allocation of the property if the deceased partner stipulated this in their will. In this case, the surviving partner has the first right to purchase their partner’s share of the home.
 

By default, the legal regime governing a PACS is that of separate property. Each partner retains sole ownership of all their property, whether acquired or received before or after the contract was signed. When they purchase property jointly, the partners own a share of it proportional to the amount they contributed. If the deceased partner was the sole owner of the home, the surviving partner may continue to live in the home rent-free for one year. At the end of this period, and in the absence of a provision in the will, the heirs of the deceased partner are entitled to require the surviving partner to move out.
 

The situation is different if the civil partnership (PACS) was entered into under the joint ownership regime. This special regime allows the partners to own property acquired after the registration of the civil partnership in equal shares. If one partner acquires real estate on their own, that property is deemed to be jointly owned. Upon their death, the surviving partner receives half of the property. However, property acquired before the civil partnership was entered into remains the separate property of each partner.
 

The best way to ensure that your civil union partner can continue to live in the shared home is to draw up a will. If you have no children, you can bequeath your entire estate to your partner. If you have children, you must respect the reserved share—that is, the portion of the estate legally allocated to your children. The simplest solution is to bequeath the usufruct of the property to your partner and the bare ownership to your children. Your partner can freely enjoy the property without any time limit. The children will inherit full ownership upon your partner’s death.