Succession: “Can my husband’s children put me outside?”

In the “big savings meeting” (capital / radio heritage), Nathalie Couzigou-Suhas, notary in Paris, and Sarah Le Gouez, secretary general of the Cercle de l’Epargne, respond to an auditor worried about her situation in the event of death of her husband.

Capital video: Succession: Can the children of my husband from a previous marriage chase me from the family home?

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Each month, the “big savings meeting” (capital / radio heritage) answers your questions in the “your questions, our answers” sequence. Our experts – notaries, taxpiens, heritage advisers – accompany you on all your money questions. Today, Virginie asks if the children of her husband, from two previous weddings, can force her to leave the family home in the event of the latter’s death.

Reassuring, Nathalie Couzigou-Suhas, notary in Paris, recalls that the law provides protection for the surviving spouse : “If Virginie is married, even if the property belongs only to her husband, she has a life annuity to the accommodation. She can therefore continue to live in the house all her life, provided that it is their main residence. ” This right also includes furniture that garnishes the accommodation.

Writing a will is reassuring for blended families

On the other hand, the notary specifies: “She will not be able to hire the house.” This life right therefore does not confer ownership of the property, but guarantees the use of housing, even in the presence of children from another union. For Sarah Le Gouez, secretary general of the Cercle de l’Epargne, this situation highlights the importance of anticipating: “It is essential to prepare your succession by writing a will. It is much more reassuring for the people we love, especially in the context of a blended family. ” An opinion shared by Nathalie Couzigou-Suhas, which insists on the need to adapt its transmission to family complexity.

In conclusion, no, Virginia’s husband’s children cannot put her at the door overnight. But a will would make it possible to further secure its situation.

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