Death of a Pacs or unmarried partner: the home

What the law provides for each couple

Sources: Civil Code, art. 515-6 and 763; loi (Act) of 6 July 1989, art. 14; CGI, art. 777 and 796-0 bis; service-public.gouv.fr. The married spouse is better protected: they also have a lifelong right of residence (Civil Code, art. 764).

Civil partner: one year in the home

When the Pacs ends through the death of one partner, the survivor may rely on the first two paragraphs of article 763 (art. 515-6). In practice, if they were actually living in the home as their main residence:

• home of the deceased or of the couple: free use for one year, furniture included;
• rented home or one held in indivision (joint ownership) with others: the estate reimburses them the rent or the indemnité d’occupation (occupancy payment) during the year (art. 763).

Unlike for a married spouse, the fourth paragraph of article 763, which makes this right a matter of ordre public (public policy: mandatory), is not extended to the civil partner. Service-public.gouv.fr therefore states that the deceased may deprive them of it by will.

Couple owning the home together. The survivor finds themselves in joint ownership with the deceased’s heirs (service-public.gouv.fr). They may ask for attribution préférentielle (preferential allocation) of the home on partition (art. 515-6, which refers to article 831-2); it is theirs as of right only if the deceased expressly provided for it by will (art. 515-6, which refers to article 831-3). Where applicable, they will then have to compensate the heirs. See our guide on indivision (joint ownership).

Unmarried partner: no right to the deceased’s home

The deceased was sole owner. The surviving unmarried partner has no right to stay in the home: the heirs can make them leave (service-public.gouv.fr).

The couple owned it together. The survivor is in joint ownership with the heirs, who may decide to sell on partition. If they have minor children in common with the deceased, they may ask the tribunal judiciaire (court of first instance) to keep the joint ownership in place (service-public.gouv.fr).

Staying in the home must therefore be prepared while both partners are alive. Service-public.gouv.fr cites three tools:

• a will leaving the unmarried partner the deceased’s share, or the usufruit (usufruct, a life interest) of the home;
• a buy-out clause in a convention d’indivision (joint ownership agreement), allowing the survivor to buy the deceased’s share as a priority;
• the articles of association of an SCI (société civile immobilière, a property-holding company), if the home was bought through one.

The bequest remains limited by the children’s réserve (reserved share): the deceased can freely dispose of only half of their assets with one child, a third with two, a quarter with three or more (service-public.gouv.fr; see our guide on succession et immobilier (inheritance and property)).

Tenants: who keeps the lease?

Lease signed by both. Unmarried partners who are co-holders remain tenants: the lease continues with the survivor (service-public.gouv.fr). For a couple in a Pacs, the surviving partner who is a co-holder has an exclusive right to the lease, unless they expressly waive it (art. 1751); they are a co-holder if they signed the lease or if the partners made a joint request to the landlord (art. 1751; service-public.gouv.fr).

Lease signed by the deceased alone. On the tenant’s death, the contract is transferred in particular to the civil partner, and to the concubin notoire (openly known unmarried partner) who had been living with them for at least one year at the date of death (Act of 6 July 1989, art. 14). Descendants and ascendants meeting the same one-year condition may also apply; where there are several applications, the judge decides according to the interests involved (same article). An openly known relationship can be proved by any means: statements from relatives and friends, bills, a certificat de vie commune (certificate of cohabitation) (service-public.gouv.fr). Social housing and homes governed by the 1948 Act follow their own rules. See also our guide on the bail de location (residential lease).

Tax: the gap between Pacs and cohabitation

The civil partner is exempt from droits de mutation par décès (inheritance tax), like the spouse (CGI, art. 796-0 bis). The unmarried partner is not related to the deceased: between unrelated persons, the rate is 60% (CGI, art. 777), after an allowance of €1,594 (service-public.gouv.fr).

Example: an unmarried partner receives by will half of a flat, valued at €100,000. The tax comes to (€100,000 − €1,594) × 60% = €59,043.60. Left to a civil partner, the same asset bears no inheritance tax. To run a simulation, see our calculateur donation et succession (gift and inheritance tax calculator).

Which professional to consult

The notaire (notary) drafts the will or the joint ownership agreement with a buy-out clause, then settles the estate and any preferential allocation. The agent immobilier (estate agent) values the home: the value of the deceased’s share determines the bequest, the unmarried partner’s tax and the price of buying out the heirs.