Compensation for exclusive use in inheritance law

Compensation for exclusive use in inheritance law aims to balance the rights of heirs who inherit assets. It ensures that when one heir exclusively uses an inherited asset, others are compensated for the loss of access or enjoyment they experience.

Conditions for claiming compensation

To claim compensation, two conditions must be met: first, that multiple heirs have the right to use the asset, and second, that one heir is using it exclusively. This applies when heirs have usufruct rights or full ownership, but not when only bare ownership is involved, as bare owners cannot use the asset.

Exclusive enjoyment as a key factor

Exclusive enjoyment means one heir uses the asset in a way that prevents others from doing so. This can involve physical occupation or blocking access. However, if an heir voluntarily gives up use, like due to living far away, it does not qualify for compensation. The Court of Cassation clarified this in a 2000 decision.

Duration of compensation claims

Compensation is only due while the exclusive use is ongoing and stops when the heir no longer blocks others from using the asset. The start and end dates of this period can differ from the division of the inherited property. In a 2026 case, the court emphasized that the end of exclusive use and the division of assets are separate events.

Determining the compensation amount

The amount of compensation can be decided amicably among heirs or by a judge if no agreement is reached. A legal agreement between lawyers outlines the compensation, which the notary then includes in the division of the inheritance. If no agreement is made, the judge sets the amount and duration during the legal division process.

Prescription period for claims

Heirs have five years from the start of exclusive use to claim compensation. If the claim is made after this period, it only covers the last five years. A legal summons can pause this period. However, once the five years pass, no further claims for compensation can be made, though other legal matters related to the inheritance can still be addressed.