My in-laws claim the inheritance: what are my rights in France?

Your husband or wife has just died. A few weeks later, their parents or siblings demand a share, want to take furniture or ask you to leave the home. When in-laws claim the inheritance, they often have fewer rights than they think, and French law gives the surviving spouse solid protection. A lawyer reviews your situation in 20 minutes on Avocat20min.fr.

This article explains who really inherits, what your in-laws may ask for, and what they cannot take from you.

First steps

Grief leaves little room for paperwork. A few simple steps still protect your rights:

• Do not sign anything in a hurry. No heir can force you to decide within four months of the death (article 771 of the Civil Code).
• Let nothing leave the home. Furniture, jewellery, the car, papers: nothing goes before the inventory and the division.
• Stay where you live. The law guarantees you at least one year of free occupancy.
• Choose the notary handling the estate. You may also appoint your own notary.
• Gather the documents: family record book, marriage contract, any will, gift between spouses, life insurance policies.

If your in-laws claim the inheritance and push you, reply in writing that the notary will deal with it. One calm sentence is enough.

What already belongs to you

Before the estate itself, the notary settles your matrimonial property regime. This step often changes everything.

Without a marriage contract, you were married under the community of acquired property. Assets bought during the marriage belong to both spouses, so half is already yours before your in-laws claim any inheritance. Only the other half, plus the deceased's personal assets, forms the estate. Your own assets, such as something you inherited or owned before the marriage, stay yours.

When in-laws claim inheritance: who really inherits?

Your share depends on whether there are children and whether the deceased's parents are alive. Siblings almost never receive anything when there is a spouse.

Deceased's family	Surviving spouse's share	In-laws' share
Children all from the couple	Usufruct of everything or a quarter outright, at your choice	None
A child from another relationship	A quarter outright	None
No child, both parents alive	Half	A quarter for each parent
No child, one parent alive	Three quarters	A quarter for that parent
No child, no parent	Everything	Half of family assets may return to siblings

Sources: articles 757, 757-1, 757-2 and 757-3 of the Civil Code, service-public pages.

The key message fits in one line: as soon as there is a child, your in-laws inherit nothing. Neither parents-in-law nor brothers- and sisters-in-law have a share.

The return of family assets

Two mechanisms let in-laws claim inheritance rights over certain assets, even against the surviving spouse.

Return to siblings. It applies only if the deceased left neither children nor parents. Assets they received from their parents, by gift or inheritance, that still exist, go half to their siblings (article 757-3). A family house inherited from the parents can thus return half to the siblings. Property the couple bought together is not affected.

Return to parents. A parent who made a gift to a child who died without descendants can take back the gifted asset, within the limit of their share (article 738-2), or its value if it no longer exists.

Both rights are narrow. A brother-in-law demanding "his share" of a flat the couple bought generally has no legal basis.

The home: your in-laws cannot put you out

Even when in-laws claim the inheritance, the law first protects the surviving spouse's home, in two stages.

One year of free occupancy. For the year after the death, you occupy your main home and its furniture free of charge (article 763). If you were tenants, the estate repays the rent. This right is a matter of public policy: not even a will can remove it.

The lifelong right to the home. After that year, you can stay in the home for life (article 764). You must request it within a year of the death, preferably in writing to the notary and the heirs. Only a notarial will by the deceased can deprive you of it.

On division, you can also ask for preferential allocation of the home, paying any balance to the other heirs. If the home was co-owned with the deceased's siblings, see our article on a sibling living in the inherited house.

Wills and gifts between spouses

A will or a gift between spouses can greatly increase your share. Since the law of 23 June 2006, the deceased's parents are no longer reserved heirs. Without children, your spouse could leave you the whole estate by will, subject to the parents' right of return.

Conversely, without children the spouse remains a reserved heir for a quarter (article 914-1). A will favouring your in-laws must leave you at least that quarter.

What falls outside the estate

Some sums never enter the division. When in-laws claim the inheritance, these stay out of their reach:

• Life insurance generally goes to the named beneficiary, outside the estate, unless the premiums were manifestly excessive.
• The survivor's pension comes from the pension fund, not from the inheritance.
• Inheritance tax does not apply to you: the surviving spouse has been exempt since the law of 21 August 2007 (article 796-0 bis of the General Tax Code).

Belongings and keepsakes

When in-laws claim the inheritance, they often ask for objects: a watch, photos, a family ring. Nothing allows them to help themselves before the division. Whoever hides or removes an estate asset commits concealment and loses their share in it (article 778). Family keepsakes do follow special rules set by the courts, so an heirloom may return to the family of origin. An amicable agreement recorded by the notary often avoids a lawsuit over a few objects.

Civil partnership and cohabitation

A PACS partner does not inherit without a will. The partner has one year of free occupancy of the home (article 515-6), but the deceased could exclude this by will. A cohabiting partner has no legal rights and pays 60% tax on anything received. Without marriage or a will, the parents, then the siblings, inherit.

Family pressure sometimes starts before the wedding. A forced marriage calls for a different kind of protection, which the law also provides.

If you are in need

A surviving spouse in need can claim maintenance from the estate (article 767), within a year of the death, extended until the division while the assets stay jointly owned. Legal aid (aide juridictionnelle) can cover lawyer's fees, in full in 2026 for a single person with reference tax income up to €12,957. The point-justice network, on 30 39, offers a free first consultation.

Our guide to settling an estate gives the tax timetable and option deadlines.

How a lawyer helps

The notary settles the estate but stays neutral between heirs. A lawyer defends only your interests: checking the matrimonial settlement, your share and any right of return your in-laws invoke. When in-laws claim inheritance rights they do not have, the lawyer answers them. The lawyer also requests the lifelong right to the home within the year, challenges a doubtful will or acts on concealment. No lawyer can promise an outcome, but one can stop you giving up rights out of fatigue or pressure. An inheritance lawyer answers in 20 minutes.

Each heir's share appears on the service-public page on inheritance without children.