Unmarried Couples and Death: Inheritance Rights in France

Without marriage, the surviving partner does not inherit automatically, even after many years together. A cohabitant has no legal right. A PACS partner keeps the home for one year, but inherits only with a will.

Unlike married couples, couples in civil partnerships or cohabiting couples do not enjoy the same legal protections in terms of inheritance.

This article explores the inheritance rights of surviving unmarried partners.

1. Inheritance rights of unmarried couples

1.1. Civil union couples

The civil partnership agreement (PACS) offers certain legal protections, but does not create inheritance rights between partners.

Thus, if one partner dies without a will, the surviving partner does not automatically inherit the deceased’s property.

The estate is then distributed according to the rules of intestacy, with the property going to the deceased’s family.

However, the surviving partner benefits from a total exemption from inheritance tax on property transferred by will or other provisions.

In addition, specific provisions may protect the surviving partner with regard to the shared home, including a temporary right of use for 12 months.

1.2. Cohabitants

Cohabitants have no legal inheritance rights whatsoever.

If one of the cohabiting partners dies without a will, the surviving partner has no right to the estate, even if there are no legal heirs.

In the absence of heirs, the deceased’s property is transferred to the state.

To protect the surviving cohabiting partner, it is essential to draw up a will.

However, even with a will, the value of the bequest to the cohabiting partner may be reduced in the presence of heirs entitled to a reserved share, such as the deceased’s children, if the bequest exceeds the disposable portion.

2. Legal implications in the event of death

2.1. In the presence of non-common children

The presence of non-common children from a previous relationship often reduces the rights of the surviving partner.

For example, for married couples, the surviving spouse can only receive a quarter of the property in full ownership, with no option to opt for the usufruct of the entire property.

For couples in a civil partnership or cohabiting couples, the situation is even more unfavorable without a will, as the survivor has no automatic rights to the estate and is entirely dependent on the gifts made by the deceased.

2.2. Taxation

Marriage and civil partnerships offer significant tax advantages.

While the surviving spouse and civil union partner are exempt from inheritance tax, cohabiting partners are subject to a confiscatory rate of 60%, after a minimum allowance.

Conclusion

In the event of death, the rights of the surviving spouse vary considerably depending on the legal status of the couple (marriage, civil partnership, or cohabitation).

Unmarried couples must take specific measures, such as drawing up a will or taking out life insurance, to protect the surviving partner.

Married couples benefit from automatic inheritance rights and better asset protection, particularly thanks to specific provisions in their matrimonial property regimes.

These differences highlight the importance of estate planning tailored to each situation.

References : Art. 515-6, 763 C. civ.

© Photo : IA