Buying property in France as a couple is often part of a bigger life decision: retiring abroad, simplifying later life, or putting down roots somewhere you truly want to stay.
But there’s one question many couples avoid or assume they already know the answer to: What actually happens to the property if one of us dies?
In France, the answer depends less on intention and more on legal structure. Ownership form, marital status, applicable succession law, and family situation all play a role, and the outcome is not always what couples expect based on US or UK norms.
This article explains what really happens when one partner dies, what protections exist, and where couples often get caught out.
Table of Contents
Why property ownership in France works differently
France has a very structured approach to inheritance, designed to protect family members, especially children, and to avoid disinheritance.
For couples, this means two things are always true:
- Your will matters, but it operates within strict legal boundaries
- Ownership structure and marital regime can limit what a will can achieve
This is particularly important for:
- Couples retiring in France
- Second marriages or blended families
- Unmarried or PACS partners
- Late-life buyers who assume “everything will go to the survivor”
Forced heirship: Often applicable, but more nuanced than many think
You’ll often hear that “French forced heirship applies regardless of nationality.” That’s directionally right but legally incomplete.
What actually applies
Under EU Succession Regulation 650/2012, the default rule is the law of the deceased’s habitual residence governs the succession.
However, it is sometimes possible to choose the law of your nationality to apply to your succession.
The complication (and why this still matters)
France introduced a 2021 compensatory mechanism (prélèvement compensatoire). In certain cross-border cases, if a foreign law applies and does not protect children, French heirs may still claim a compensatory share from assets located in France.
Practical takeaway: Nationality alone does not “opt you out” of French inheritance constraints. Cross-border planning can help, but it must be done carefully, and outcomes are fact-specific.
How you own the property matters as much as your will
Your will is important. But in France, it works together with:
- Ownership structure
- Marital or partnership status
- Applicable succession law
This is why two couples with identical wills can have completely different outcomes.
Scenario 1: Joint ownership (indivision)
This is the default when a couple buys together without specific planning.
What happens on death?
- The deceased’s share passes to their heirs
- The surviving partner becomes a co-owner with those heirs
What this means in practice
- Sale or donation generally requires unanimity
- Certain management acts can be done with holders of at least two-thirds of rights
- Courts can intervene if indivision becomes blocked but this is slow and stressful
For couples retiring in France, indivision can create:
- Loss of control over the home
- Pressure to sell or buy out heirs
- Financial and emotional strain at exactly the wrong time
Scenario 2: Married couples
Marriage provides real legal protection in France but it is not automatic full ownership.
Key housing rights for the surviving spouse
French law grants important protections, including:
- A one-year free right to occupy the main home in many cases
- A possible lifetime right to live in the home (droit viager au logement), if conditions are met and the right is claimed in time
These rights can be essential for surviving spouses, particularly in later life.
Why planning still matters
- Children’s rights may still limit ownership
- The marriage regime (community vs separation of assets) affects outcomes
- Second marriages and step-children complicate matters quickly
Scenario 3: PACS and unmarried couples (very different rules)
This is one of the biggest blind spots for expats.
PACS partners
- A PACS partner is not an automatic heir
- Without a will, they inherit nothing by law
- With a will, inheritance tax may be exempt but only if assets are left explicitly
Unmarried partners (concubins)
- No automatic inheritance rights
- No tax protection by default
- Very high inheritance tax exposure without planning
If you’re buying in France as a couple and you’re not married, planning is essential, not optional.
Common planning tools couples use (with professional advice)
Tontine / Clause d’accroissement
This clause can ensure the survivor automatically owns the property on first death, keeping it out of the estate.
Important caveats:
- Tax treatment depends on relationship status
- It can be inflexible later
- Not suitable for all family situations
Donation entre époux (donation au dernier vivant)
Often used by married couples to:
- Expand the surviving spouse’s inheritance options
- Improve protection where there are children from previous relationships
These tools are powerful but must be tailored carefully.
Why retiring couples should plan earlier than they think
When couples move to France later in life, priorities are usually simple:
- Stay in the home
- Avoid forced sales
- Reduce stress for the survivor
Those outcomes depend far more on structure and planning than on tax rates alone.
The good news: many of these choices can be made before or shortly after purchase and reviewed later if life changes.
FAQs: Owning a property in France as a couple
Does the surviving partner automatically inherit the home?
Not always. It depends on marital status, ownership structure, family situation, and applicable succession law.
Can a will override French inheritance rules?
A will matters, but it operates within legal constraints, including forced-heirship rules and EU succession law.
Are spouses exempt from inheritance tax in France?
Yes, but tax exemption does not guarantee full control or ownership of the property.
Is an SCI a solution for couples?
It can be, but only if structured correctly and aligned with tax and succession goals.
Is it too late to plan if we already own?
No, but options may be more limited. Reviewing sooner is always better.
Final notes
Owning property in France as a couple can be a wonderful foundation for retirement and later life, if it’s planned with reality in mind.
This isn’t about pessimism. It’s about protecting each other.
Understanding how French ownership and inheritance rules actually work allows couples to make calm, informed decisions, and ensures the survivor is secure, not scrambling.
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