I am the beneficiary of a spousal gift in which my late husband granted me the usufruct of his entire estate. Can I choose to take only the usufruct over our main residence and not over the entire estate?

As a reminder: A spousal gift (donation entre époux) is a notarised deed intended to maximise the rights of the surviving spouse without disinheriting the children (Article 1094-1 of the French Civil Code).

Yes. Provided there is no prohibition stated in the spousal gift and as long as a statutory heir has accepted the inheritance, you may choose to take the usufruct over a specific property instead of the entire estate. This is referred to as “cantonnement” (partial acceptance). This voluntary limitation of your rights in your husband’s estate is not considered a gift to his children (Article 1094-1, paragraph 2 of the French Civil Code).