the husband widower has the right to remain in the marital apartment until his death on the condition of clearly expressing this wish, either expressly or tacitly. The mere fact of staying in the premises is not a manifestation of will, according to the Court of Cassation, and the heirs can then ask this surviving spouse to leave the premises following one year (Cass. Civ 1, 2.3.2022, N 20-16.674).
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A widow, who wanted to stay in the apartment she occupied with her husband, was pushed out by the latter’s children, born of a first marriage, who were heirs to this property. The children observed that if their mother-in-law had remained in the dwelling since their father’s death, she had one year to notify her choice to remain there until his death, which she did not. had not done. So she had to leave.
No form required
The surviving spouse has in fact one year, according to the law, to express their desire to benefit from their lifelong right to housing and the use of furniture. In this case, the mother-in-law felt that her continued presence was sufficient to express her desire to remain there. The law does not impose any particular form to express this will, she said, it is enough that this choice is clear and to remain in the apartment expresses a clear choice.
But the Court of Cassation ruled the opposite. Peacefully enjoying the family home uninterruptedly since the death is not a sufficient expression of the choice to remain in the premises. The choice period passed, the heirs might therefore demand the departure of their mother-in-law.
