Please can someone explain in simple terms how it works. My sister has been liiving in the family house for the last eight years. I did not give my consent for this.
Does she pay me or the estate should the judge rule against her?
You need to talk to a notaire or an avocat. I’m not sure anyone else can really tell you anything useful.
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Thanks for replying. My lawyer ipdated me today. I got the gist but it was ineviably legal jargon and I needed to ask questions. He’s now on holiday for ten days.
There could well be someone here with some knowledge:-)
Thanks again.
I’m guessing this is regarding an inherited property?
If so, a lot depends on who left what to who and if anyone has “usufruit”, “lifetime enjoyment” of the property.
@SallyD seems to have at least two other threads about this. It might be worth linking them, Sally, so people can see what’s happened so far.
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I presume this is the same sorry tale as previous posts. If a court finds against her she will pay the court, and they will then pass on to whoever is legally entitled. But it sounds like the tax man will get all/most of it. They always come first.
I find this hard to believe to be honest because when a homeowner dies, the estate is immediately (four months after death deadline must be met to start succession process) “frozen” and succession has to start whereby everything is listed, valued and the Notaire searches for any special demands by the defunct regarding inheritance or allowing an heir to remain in the property if there is no other joint owner/spouse. It sounds like the death was never reported properly and the Notaire not informed of all the details as the sister is in reality squatting in what is not her property as all heirs of the deceased have equal shares if no spouse etc. A good succession lawyer is needed here, not in the UK but a French one to sort this out finally and also the fisc will want their share if taxes are due after the heir allowance has been taken out. I literally had to inform the bank and Notaire a couple of days after OH died to start the process as the Mairie and trésor public were also involved regarding the cremation and columbarium so you cannot hide a death and certificates should have been given by the Mairie where the defunct actually died, not always their own commune as in my case it was the town where the hospital is.
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I am looking for general information. No need to back track:-). Thanks
All is above board! I just am looking for general information on an occupancy indemnity. Thank you for replying.
It sounds pretty specific to me.
Has your lawyer sent you something in writing for this update? If so, you could post it here to see if we understand it.
I see you started another thread about this on 15th February 2026. A couple of people asked you questions but I can’t see that they were answered.
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Does what the lawyer just sent you not include this information?
I can tell you how it works for divorce, when one or both of the former spouses separately each occupy a different property held by the community of the couple in indivision. When the community is liquidated, the notary tots up the length of time each person had exclusive occupation of the property, and that time is multiplied by the monthly rental value of the property. Each former spouse then owes the other that amount as the occupation indemnity. Presumably, the same principle applies for successoral estates, where one or more of the heirs exclusively occupies a property that forms part of the estate. The monetary value of that indemnity will be taken into account in the distribution of wealth to the other heirs. The notary in charge of the succession is usually the person who deals with this.
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