Succession: what happens to real estate?

Succession: what happens to real estate?

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Succession cases are never simple because there are so many special cases. Be aware however that the future of real estate depends mainly on your marital status. So, if you are married, PACS or single, the cases are different. Explanations.

Single person

If the deceased has no children, the real estate will go to the parents of the deceased and his brothers and sisters. In the event that the parents have also died, the property will go to the siblings or closest living relative. If the single person has a child, the real estate is inherited by the child.

Married person

Married people have their property allocated to their spouse and children if they have it. The surviving spouse can choose to benefit from a quarter in full ownership of the assets dependent on the succession or the whole in usufruct of the assets dependent on the succession. In the presence of children from different beds, the surviving spouse will only be able to accommodate a quarter in full ownership, so he will not be able to opt for usufruct.

Person pacsée

Persons in a civil partnership are not considered to be married spouses. In this case, the will for the surviving partner to inherit the property is essential. If the deceased has no children, he has the possibility of bequeathing all of his assets to his partner. In the presence of descendants, only a third of the heritage can be bequeathed when there are two children and a quarter with three or more children.

Special real estate provisions

Whether you are PACS or married, the surviving spouse or partner can benefit from a temporary right to housing for one year free of charge. This right works even if the property was simply rented by the couple. The surviving spouse also has a life annuity over the accommodation he occupied during the death of his spouse, provided that the latter belongs to the deceased couple or spouse.


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  2. Inys

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