Rights of married couples in the event of death: what you need to know

par | Juil 9, 2025 | General ENGLISH

In the event of the death of a spouse, the surviving spouse has specific rights to the deceased’s estate.

These rights, defined by the Civil Code, vary according to the family situation, the matrimonial regime adopted by the spouses, and any testamentary dispositions made by the deceased.

This article explores the inheritance rights of the surviving spouse, the advantages that a marriage contract can offer, and the legal implications in the event of death.

The inheritance rights of the surviving spouse

The surviving spouse has a privileged status in inheritance matters, according to the provisions of the Civil Code.

Their rights vary according to the presence of children, ascendants or other heirs.

Here are the main possible situations:

1. If there are descendants (children or grandchildren):

      • If all the children are descended from both spouses, the surviving spouse can choose between :
        • Usufruct of the entire estate ;
        • Or full ownership of a quarter of the estate.
      • If there are no children of both spouses, the surviving spouse is only entitled to one-quarter of the estate in full ownership.

2. In the absence of descendants, but in the presence of the deceased’s father and/or mother :

        • The surviving spouse inherits half of the estate in full ownership if both parents of the deceased are alive.
        • If only one parent is alive, the surviving spouse inherits three quarters of the estate.

    3. In the absence of descendants and parents (father and mother) :

          • The surviving spouse inherits the entire estate in full ownership, thus bypassing privileged collaterals (brothers and sisters) and ordinary ascendants (grandparents).

      Special housing rights

      The surviving spouse also benefits from specific rights to the home he or she occupied with the deceased:

          • Temporary right to housing: For one year after the death, the surviving spouse is entitled to free use of the main dwelling and its furnishings.
          • Lifetime right of habitation and use: If the surviving spouse was actually occupying the main dwelling at the time of death, he or she may benefit from a lifetime right of habitation over the dwelling and a right of use over the furniture, under certain conditions.

      These rights are of vital importance in protecting the surviving spouse and enabling him or her to maintain a stable living environment after death.

      The advantages of a marriage contract

      The spouses’ matrimonial property regime plays a crucial role in the devolution of inheritance. A marriage contract can offer significant advantages in protecting the surviving spouse and organizing the transfer of assets:

        1. Full attribution of the community estate: In the case of a universal community estate, the spouses can include a clause providing for full attribution to the surviving spouse. This clause enables the surviving spouse to receive all the joint assets without them forming part of the estate.
        2. Unequal sharing or usufruct clauses : A marriage contract can include specific clauses, such as unequal sharing or the granting of a reinforced usufruct to the surviving spouse, to guarantee him or her a larger share of the deceased’s common or private property.
        3. Tax protection: By including provisions such as universal community of property, marriage contracts make it possible to defer inheritance tax until the second death, which can lighten the tax burden for heirs in the short term.

      However, these clauses are not without disadvantages for heirs, as they can delay their access to the estate and increase the inheritance tax payable on the second death.

      Legal implications of a death situation

      When a death occurs, a number of steps and legal implications come into play:

        1. Liquidation of the matrimonial property regime: Before settling the estate, it is necessary to liquidate the matrimonial property regime. This involves determining the joint and separate assets of each spouse, and the rights of the surviving spouse to the matrimonial assets.
        2. Dismemberment of ownership: In the event of usufruct or specific provisions, the assets may be divided between the surviving spouse (usufructuary) and the other heirs (bare owners), requiring concerted management of the estate.
        3. Wills and gifts: The deceased’s wills, within the limits of the available portion, can modify the distribution of assets between the surviving spouse and the other heirs. Donations or legacies that exceed the rights of the heirs with right to reserve may give rise to actions for reduction.

      Conclusion

      The death of a spouse has important legal consequences for the surviving spouse, in terms of inheritance, housing and asset management.

      The rights of the surviving spouse, although protected by law, can be strengthened by specific provisions such as a marriage contract or a gift to the last surviving spouse.

      It is therefore essential for spouses to anticipate these situations and organize their succession in order to guarantee the financial and legal security of the surviving spouse, while optimizing the transmission of the family estate.