Reference decision: cc • No. 20-16.674 • 2022-03-02 • View the decision →
This decision sheds important light on your property law rights. Here is what it changes for you.
The situation
According to Articles 764 and 765-1 of the Civil Code, the surviving spouse has one year from the death to express their intention to benefit from their life interest in the home. If this expression of intention may be implied, it cannot result solely from remaining in the premises.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly observe the statutory time limits for legal remedies.
- Keep all your supporting documents (title deeds, legal instruments, correspondence).
- Plan ahead: preventive advice always costs less than litigation.
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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