Article 371-2 of the French Civil Code establishes a principle that is often misunderstood: parents’ contribution to their child’s maintenance does not automatically end when the child reaches the age of majority. This rule directly affects whether a child can be asked to leave the family home. The answer varies considerably depending on whether the child is a minor or an adult, and on the legal nature of their occupation of the property.
Legal status of an adult child’s occupation of the home
An adult child living rent-free with their parents, without a written lease or rent payments, does not have tenant status. They therefore do not benefit from the protections afforded under standard tenancy law (the Act of 6 July 1989, notice periods, etc.).
Courts tend to classify the arrangement in one of two ways. It may be a loan for use (commodatum), which presupposes an express or implied agreement on the duration or purpose of the occupation. Alternatively, it may be a simple act of tolerance that can be revoked at any time. The distinction has direct consequences: a loan for use may require the owner to respect an agreed term, whereas permission granted as a matter of tolerance can be withdrawn without any particular formalities, subject to a reasonable notice period.
Case law makes clear that a family relationship does not create a perpetual right to occupy a property. A recent decision in French Polynesia, reported in the property press, confirmed that being the owner’s child does not, in itself, create an independent right to occupy the home indefinitely.
Whether a parent can kick their child out therefore depends first on how the arrangement is classified: is there an agreement, even an implied one, setting out the terms of the accommodation?
Minor child: absolute prohibition and criminal penalties
For a minor, the answer is unequivocal. No parent can put a minor child out on the street, regardless of family tensions. Article 227-1 of the French Criminal Code makes abandoning a minor in any place an offence, punishable by severe penalties.
Parental authority, defined in Article 371-1 of the French Civil Code, comprises a set of rights and duties intended to serve the child’s best interests. These duties include providing accommodation. Article 203 of the Civil Code also establishes a general duty of support, which includes housing.
In the event of serious family conflict, French law provides for supervised solutions:
- The juvenile court can be asked to order placement or an educational assistance measure, ensuring the child is not left without shelter
- Child welfare services (Aide sociale à l’enfance, or ASE) intervene when a minor is at risk in their family environment, including at the minor’s own request
- The public prosecutor can take urgent action if there is an immediate danger
A parent who evicts a minor may face prosecution for abandonment, or even for family abandonment under Article 227-3 of the French Criminal Code.
Evicting an adult child: procedure and limits
If an adult child refuses to leave the home despite a clear request to do so, the parent who owns the property must follow legal proceedings. Forcing them to leave through intimidation, threats or violence can result in criminal penalties, even if the parent owns the home.
Formal notice
The first step is to send a written formal notice, preferably by registered mail with acknowledgment of receipt. The letter sets a reasonable deadline for leaving the property and serves as evidence that the parent has expressed their intention to end the accommodation arrangement.
Applying to the judicial court
If the child does not leave, the parent must apply to the judicial court for an eviction order. The judge will consider several factors, including the child’s financial situation, whether there is a loan for use, and the parties’ good faith. The judge may grant a grace period of several weeks or months and set an occupancy indemnity.
The decision must be enforced by a judicial officer (formerly a bailiff). Changing the locks or putting the child’s belongings out on the street is an unlawful act that can be punished under criminal law.
Winter eviction moratorium and family accommodation
The winter eviction moratorium (from 1 November to 31 March) suspends the enforcement of rental evictions. Whether it applies to an adult child living in the home without a lease remains open to debate. Someone staying rent-free does not automatically benefit from the same protections as a tenant. Each case is assessed individually by the judge.
Article 371-2 of the French Civil Code: the duty to support a child after they reach adulthood
Parents’ duty to contribute to their child’s maintenance and education continues after the child reaches the age of majority for as long as they are not financially independent. Article 371-2 of the French Civil Code specifies that each parent’s contribution must be proportionate to their resources and the child’s needs.
In practice, an adult child who is studying or looking for work can apply to the family court for maintenance payments, even after leaving the parental home. Eviction from the family home therefore does not end all financial obligations.
When parents are separated, the allocation of expenses relating to an adult child is specifically governed by Article 371-2, rather than by the general duty of support between parents and children. This distinction matters in disputes: the parent seeking to end their contribution must prove that the child is able to meet their own needs.
French law therefore draws a clear line. Putting a minor out on the street is a criminal offence. An adult child can be evicted, but only through strict legal proceedings, and ending the accommodation arrangement does not mean that all parental obligations end. A parent who acts without following these steps may themselves face prosecution, regardless of their ownership rights over the property.
