Widow loses right to live in French property due to lack of maintenance

A widow in northern France has lost the right to remain in her property, after France’s highest judicial court (the Cour de cassation) ruled she had neglected it.

The woman was given usufruit (living rights) to a property in Normandy which had been owned by her husband until his death in 2000.

Joint ownership of the property went to his children born from a previous relationship. The property would revert to them when their father’s widow died. 

However, the owners argued that the woman had failed to maintain the property, resulting in a severe depreciation in value. 

Neighbours and the local mairie also complained about the dilapidated state of the home.

The widow provided photographic evidence to the contrary, arguing that “the house is completely habitable and contains a lot of furniture.”

The Cour de cassation disagreed with her argument, citing instead that a “total and long-standing failure [to maintain the property] was the cause of the building’s obvious deterioration, requiring extensive and costly work to be carried out before any entry into the premises.” 

“The seriousness…should be sanctioned by the absolute removal of the usufruit,” the court said, saying the previous decision by the local courts to remove this right was “legally justified.”

Usufruit rights can be removed 

Usufruit rights to a property can be taken away, as Article 618 of the French Civil Code states. This article was the legal basis of the court’s argument.

This happens – as in the case above – when the property depreciates to the point of losing value, due to lack of maintenance or neglect by the usufruitier. 

When this happens, the court can remove the rights of the usufruitier.

Depending on the level of depreciation to the property, they can also demand the former inhabitant pay damages to the owners to account for any loss of income, or to cover the cost of works to the property.