Civil Code

The spouse of the decedent (hereinafter in this Chapter referred to simply as the "spouse"), if the spouse was residing at the time the succession opened in a building that belonged to the property of the decedent, and if any of the following items applies, acquires the right to use and profit from the whole of the building in which the spouse was residing (hereinafter in this Section referred to as the "building of residence") free of charge (hereinafter in this Chapter referred to as the "spouse's right of residence"); provided, however, that this does not apply if the decedent co-owned the building of residence with a person other than the spouse at the time the succession opened.

if it is provided that the spouse is to acquire the spouse's right of residence through division of the estate;

if the spouse's right of residence is made the object of a legacy.

Even if the building of residence comes to belong to the property of the spouse, the spouse's right of residence is not extinguished if another person holds a co-ownership interest therein.

The provisions of Article 903, paragraph (4) apply mutatis mutandis to a legacy of the spouse's right of residence.

The family court that has received a request for division of the estate may determine that the spouse is to acquire the spouse's right of residence only in the following cases:

if an agreement has been reached among the coheirs that the spouse is to acquire the spouse's right of residence;

if the spouse has informed the family court of a wish to acquire the spouse's right of residence and the court finds that, even taking into account the degree of detriment to be suffered by the owner of the building of residence, it is particularly necessary in order to maintain the spouse's livelihood (excluding the case set forth in the preceding item).

The duration of the spouse's right of residence is the lifetime of the spouse; provided, however, that if there is a different determination in the agreement on division of the estate or in the will, or if the family court has made a different determination in the adjudication on division of the estate, that determination governs.

The owner of the building of residence is under an obligation to cause the spouse (limited to a spouse who has acquired the spouse's right of residence; the same applies hereinafter in this Section) to obtain registration of the establishment of the spouse's right of residence.

The provisions of Article 605 apply mutatis mutandis to the spouse's right of residence, and the provisions of Article 605-4 apply mutatis mutandis to the case where registration of the establishment of the spouse's right of residence has been obtained.

The spouse must use and profit from the building of residence in accordance with its previous manner of use and with the due care of a prudent manager; provided, however, that this does not preclude the spouse from putting to residential use any portion that was not previously put to residential use.

The spouse's right of residence may not be assigned.

The spouse may not rebuild or add to the building of residence, or allow a third party to use or profit from the building of residence, without obtaining the consent of the owner of the building of residence.

If the spouse has violated the provisions of paragraph (1) or the preceding paragraph, and the owner of the building of residence has demanded rectification by specifying a reasonable period of time but rectification has not been made within that period, the owner of the building of residence may extinguish the spouse's right of residence by a manifestation of intention to that spouse.

The spouse may make the repairs necessary for the use and profit of the building of residence.

If repairs to the building of residence are necessary and the spouse does not make the necessary repairs within a reasonable period of time, the owner of the building of residence may make the repairs.

If the building of residence requires repairs (excluding the case where the spouse makes the repairs on the spouse's own pursuant to the provisions of paragraph (1)), or if there is a person who asserts a right with respect to the building of residence, the spouse must notify the owner of the building of residence to that effect without delay; provided, however, that this does not apply if the owner of the building of residence already knows of it.

The spouse bears the ordinarily necessary expenses of the building of residence.

The provisions of Article 583, paragraph (2) apply mutatis mutandis to costs other than the ordinarily necessary expenses referred to in the preceding paragraph.

When the spouse's right of residence is extinguished, the spouse must return the building of residence; provided, however, that if the spouse holds a co-ownership interest in the building of residence, the owner of the building of residence may not demand return of the building of residence on the grounds that the spouse's right of residence has been extinguished.

The provisions of Article 599, paragraphs (1) and (2) and Article 621 apply mutatis mutandis to the case where, pursuant to the main clause of the preceding paragraph, the spouse returns a building of residence that has things the spouse attached after the opening of the succession or that has damage arising after the opening of the succession.

The provisions of Article 597, paragraphs (1) and (3), Articles 600 and 613, and Article 616-2 apply mutatis mutandis to the spouse's right of residence.

If the spouse was residing free of charge, at the time the succession opened, in a building that belonged to the property of the decedent, the spouse has, until the date specified in each of the following items for the category set forth in that item, as against the person who has acquired ownership of the building in which the spouse was residing (hereinafter in this Section referred to as the "building of residence") through succession or a legacy (hereinafter in this Section referred to as the "acquirer of the building of residence"), the right to use the building of residence free of charge (or, if the spouse was using only a part of the building of residence free of charge, the right to use that part free of charge; hereinafter in this Section referred to as the "spouse's short-term right of residence"); provided, however, that this does not apply if the spouse has acquired the spouse's right of residence with respect to the building of residence at the time the succession opened, or falls under the provisions of Article 891 or has lost the right of inheritance through disinheritance.

in the case where the estate is to be divided with respect to the building of residence among the coheirs including the spouse: the later of the date on which attribution of the building of residence is finalized by the division of the estate or the date on which six months have passed since the time the succession opened;

in cases other than that set forth in the preceding item: the date on which six months have passed since the date of the notice referred to in paragraph (3).

In the case referred to in the main clause of the preceding paragraph, the acquirer of the building of residence must not interfere with the spouse's use of the building of residence by assigning the building of residence to a third party or by any other means.

Except in the case set forth in paragraph (1), item (i), the acquirer of the building of residence may give notice of extinguishment of the spouse's short-term right of residence at any time.

The spouse (limited to a spouse who has the spouse's short-term right of residence; the same applies hereinafter in this Section) must use the building of residence in accordance with its previous manner of use and with the due care of a prudent manager.

The spouse may not allow a third party to use the building of residence without obtaining the consent of the acquirer of the building of residence.

If the spouse violates the provisions of the preceding two paragraphs, the acquirer of the building of residence may extinguish the spouse's short-term right of residence by a manifestation of intention to that spouse.

If the spouse acquires the spouse's right of residence relating to the building of residence, the spouse's short-term right of residence is extinguished.

Except in the case prescribed in the preceding Article, when the spouse's short-term right of residence is extinguished, the spouse must return the building of residence; provided, however, that if the spouse holds a co-ownership interest in the building of residence, the acquirer of the building of residence may not demand the return of the building of residence on the grounds that the spouse's short-term right of residence has been extinguished.

The provisions of Article 599, paragraphs (1) and (2) and Article 621 apply mutatis mutandis where, pursuant to the main clause of the preceding paragraph, the spouse returns a building of residence to which the spouse has attached something after the opening of the succession or a building of residence that has sustained damage arising after the opening of the succession.

The provisions of Article 597, paragraph (3), Article 600, Article 616-2, Article 1032, paragraph (2), Article 1033, and Article 1034 apply mutatis mutandis to the spouse's short-term right of residence.