Does my spouse have rights to the family home I inherited?

It depends on your matrimonial regime.

Under the default regime of community of property limited to acquisitions (communauté réduite aux acquêts), property received by succession remains the personal property of the spouse who receives it. This rule applies if you did not sign a marriage contract (and you married after 1966).

The same applies if your marriage contract provides for separation of property or for participation in acquisitions.

On the other hand, a regime of universal community includes in the spouses' joint estate all past and present property, including property received by succession.

In that case, unless the deceased provided in a will for a clause excluding the property from the community, the inherited property will benefit not only the heir but also their spouse, who will be regarded as a joint owner.

The effects of the matrimonial regime on the spouses' estate are many and complex. Ask your notaire for advice.

And you, do you know your matrimonial regime?

To find out more about the matrimonial regime best suited to your situation, read our previous article on the subject.

(Infographic below in French.)