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According to Articles 764 and 765-1 of the
Droit Immobilier

According to Articles 764 and 765-1 of the

📅 Decision of 02 March 2022🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 15 views📖 2 min read

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.

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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Legal information

  • Number: 20-16.674
  • Court: Cour de cassation
  • Decision of: 02 March 2022

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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