You are here Home Frequently Asked Questions I am the surviving spouse and wish to request preferential allocation of the home that I co-owned with my late husband. Can the heirs refuse? I am the surviving spouse and wish to request preferential allocation of the home that I co-owned with my late husband. Can the heirs refuse? Print Share on Facebook Share on Linkedin Share on Twitter Share on Facebook Share on Linkedin Share on Twitter No. When requested by the surviving spouse, preferential allocation is a legal right (Art. 831-3 Civil Code).