Family home - Protected in all circumstances

During the marriage :

never without each other

35 years ago, Corinne and Philippe got married and bought their own house. But as the years went by, the children left the nest and the house became too big and difficult to maintain. Philippe wanted to sell. His wife disagrees. How can they resolve the situation?
For the duration of the marriage, the family home is subject to co-management rules. Neither spouse can act alone to dispose of the property in a way that would deprive the family of the family home. This applies, of course, to sales, but also, for example, to gifts or contributions to a company. And this applies regardless of the matrimonial property regime, and even if only one of the spouses owned the property (as a result of an inheritance, for example). If Philippe were to sell without Corinne's consent, she could ask the family court to annul the deed of sale. For Corinne and Philippe, the only way out seems to be dialogue to find a solution that satisfies both of them.

Exceptions
A spouse may, however, be authorized by the courts to make decisions alone concerning the family home:
- if his or her spouse is unable to express his or her will
- or if his or her refusal is not justified by the interests of the family.

In the event of divorce :

it all depends on the owner and the circumstances of the divorce

Françoise and Didier are in the middle of a divorce. One question is of particular concern to them: what will become of their apartment?
Several criteria will be taken into account. If the divorce is amicable, and Françoise and Didier come to an agreement concerning their apartment (for example, they decide to sell it and split the price), that's fine. However, in the event of disagreement, the notion of ownership will be taken into consideration by the judge:
- the property was bought by both spouses. It is a joint asset. There are two possible solutions: either the property is put up for sale, or one of the spouses buys back the other's share.
- the property belongs to Didier. If we apply the general rule, he will be able to stay in the home as it is his own property. And Françoise will have to leave the property. However, if Françoise has custody of their children, the judge may authorize her to continue living in the apartment if this is in their best interests. But she will then have to compensate Didier.

Following the death of one of the spouses :

guaranteed protection for the survivor

Denise has just lost her husband. She fears that her children will demand that she leave her home.
The surviving spouse has the right to remain in the couple's home, even if he or she does not own it, regardless of who the heirs are.
The surviving spouse has two rights designed to ensure his or her enjoyment of the home:
- the temporary right to housing. Denise has the right to occupy the family home free of charge for 1 year, and to use all the property therein free of charge. It doesn't matter who owned the property (the couple or just one of the spouses). This temporary right is a matter of public policy: it cannot be withdrawn by will! It runs automatically, and there is no need to claim it;
- the lifetime right to housing. This is valid if the couple (or even just the deceased) owned the property. After the one-year period, Denise can benefit from this right, provided she applies for it. She will therefore be able to live in the property until her death.

Marie-Christine Ménoire