What are the spouse's rights over the deceased's housing?

Verified 27 January 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

Your right to stay in the accommodation depends on your relationship with the deceased (marriage, Civil partnerships: titleContent or common-law union). It also depends on the contract that binds you to the accommodation (rental or property). Depending on your situation, you can either stay temporarily in the premises or live in the accommodation for life. You may also be prohibited from occupying the accommodation. In any case, the right to stay in the accommodation is valid only if it is your principal residence.

Married

The rules differ depending on whether you were a tenant or a landlord:

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You were tenants

You have the right to remain on the premises, even if the lease was entered into solely in the name of your spouse.

You have an exclusive right to the lease. This means that in order for another relative of the deceased to obtain the transfer of the lease, you must first renounce the lease.

Please note

If it is a social housing and you are a foreigner, you must have a valid residence permit.

During the year following the death, you will have to pay the rent. However, you will be able to request their refund on the succession.

If you lived separately at the time of death, you benefit from the transfer of the lease to your name. To do this, you need to ask the owner. However, other people may request the transfer of the lease in their name (for example, a relative living with the deceased for more than 1 year). In case of conflict, it is the protection litigation judge who will decide on the allocation.

You were owners

The rules differ depending on whether the property was shared or not:

You were the only owners

You have the right to live in the dwelling for life after the death of your spouse.

To do this, you must express, in the year of death, your intention to benefit from the permanent right to housing.

Your husband was the sole owner

You have the right to live in the dwelling for life after his death.

To do this, you must express to the other heirs, in the year of death, your intention to benefit from the permanent right to housing.

Your husband owned the property in undivided relationship with other people

If your deceased spouse owned undivided together with other people, you have the right to live in the dwelling for 1 year after he died. For example, you benefit from this right when the dwelling belonged for 1/3 to your husband and for 2/3 to his brothers.

You were joint owners with other people

If you owned undivided with one or more persons, you have the right to live in the dwelling for 1 year after he died. For example, you have this right when half of the housing belonged to you and your spouse and half to your children.

Past

Your right to live in the dwelling is different depending on whether you were a tenant or a landlord:

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You were tenants

The rules differ depending on whether you are a co-owner of the lease or not:

You are co-tenants

You have an exclusive right to the lease, i.e. the deceased's heirs have no rights to the lease, in any of the following cases:

  • You signed the lease every two years
  • One of you 2 did not sign the lease, but you jointly asked the lessor to be joint owners.

However, you can formally waive the lease by giving your notice (leave) to lessor.

Only the deceased holds the lease

You can get the transfer of the lease. To do this, you must apply to landlord.

Please note

If it is a social housing and you are a foreigner, you must have a valid residence permit.

However, other relatives (descendants, ascendants...), who had been living in the dwelling for at least one year at the date of death, may also apply for the transfer of the lease.

In case of conflict, it is the protection litigation judge who will decide on the allocation.

Please note

In the case of a housing subject to the 1948 law, the landlord can increase the amount of the rent by 50%.

You were owners

The rules differ depending on whether the property was shared or not:

You were co-owners

You find yourself in undivided with the deceased's heirs.

You can live in the accommodation during 1 year after death unless the deceased has deprived you of this right in a will.

You can also benefit from preferential allocation accommodation in any of the following cases:

  • The deceased had it in a will
  • You ask the notary at the time of the division of the property and by paying a squid.
Your partner was the sole owner

You can live in the accommodation during 1 year after death, unless the deceased has provided otherwise in a will.

In a common-law relationship

If you were living in a common-law relationship (or cohabitation) with the deceased, your right to inhabit the dwelling is different depending on whether you were tenants or owners:

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You were tenants

The rules differ depending on the situation:

The lease was signed by you 2

You have the exclusive right to the lease. So you can stay in the premises.

The lease was only signed by the deceased

The rules differ according to the type of accommodation:

General case

You can get the lease transfer if the 2 following conditions are met:

  • You had been living with the deceased for at least 1 year prior to death
  • Cohabitation was notorious (continuous, stable and known relationships).

To do this, you must apply to the landlord.

Proof of this cohabitation can be done by any means: attestation of relatives, invoices, certificate of common lifeetc.

If your cohabitation lasted less than 1 year, you will need to obtain the landlord's agreement and sign a new lease.

Social housing

You can get the lease transfer if the cohabitation was known (continuous, stable and known relationships). To do this, you must apply to landlord.

Proof of this cohabitation can be done by any means: attestation of relatives, invoices, certificate of common lifeetc.

If you are a foreigner, you must have a valid residence permit.

Housing governed by the 1948 Act

If the accommodation is governed by the law of 1948, you can obtain the lease transfer only if you meet all of the following conditions:

  • You had been living for over a year with the cohabiting partner who signed the lease
  • You are disabled and receive either a war disability pension or a work disability pension corresponding to a disability at least equal to 80%, or an allowance paid to any person having at least 80% permanent incapacity.

To do this, you must apply to landlord.

You were owners

You were co-owners

You find yourself in undivided with the deceased's heirs. You have no right to stay in the dwelling.

Indeed, when a cohabiting partner dies, his share goes to his heirs. They may decide to sell the property at the time of sharing.

However, if you have minor children in common, you can apply to the court to maintain the undivided status.

Who shall I contact

The deceased may also have planned in advance to keep his cohabiting partner in the premises in one of the following cases:

  • By bequeathing his share to the other in a will
  • By providing for a buy-back clause in an undivided agreement. It is a clause that provides that in the event of the death of a cohabiting partner, the other will be able to acquire his share as a priority.

FYI  

You may also have purchased your home through a Real Estate Civil business (SCI). In this case, the statutes of the SCI may provide for the retention in the dwelling.

Your partner was the sole owner

You have no right to stay in the dwelling. Your partner's heirs may force you to leave the home.

To allow you to stay in the premises, your cohabiting partner may have planned in advance to bequeath you the usufruct housing in a will.

FYI  

You may also have purchased your home through a Real Estate Civil business (SCI). In this case, the statutes of the SCI may provide for the retention in the dwelling.

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