Succession: “What are the rights of heirs on land belonging to the deceased spouse?”

In the “Great Savings Rendez-vous” (Capital / Radio Patrimoine), Nathalie Couzigou-Suhas, notary in Paris, responds to an auditor who wonders about the rights of heirs in a situation of cohabitation without will.

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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, Denise wants to know if she and her family have rights on the house where her mother lived, died in February 2024, and built with her companion on land belonging to the latter.

The response of Nathalie Couzigou-Suhas, notary in Paris, is clear: “Legally, our auditor has no rights over good. In law, the property of the soil takes that above: the owner of the land is therefore also that of the house built on it. ” However, “It is possible to request compensation for the added value brought to the construction, whether for the capital gain or the materials spent, if the person has participated in the construction of the accommodation. It is indeed provided for in article 765 of the Civil Code. ”

As part of a cohabitation, the rights of the surviving spouse are restricted

But as part of a cohabitation, the appeals are limited: “The five -year prescription applies. After this period, no request can be made. And if the companion does not want to give anything, there will be no recourse. ” Our notary concludes by stressing that “The situation would have been different if they had been married or PACS”once again recalling the importance of the situation of spouses in the event of succession.

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