Chapter VIII Right of Residence of the Spouse
第八章 配偶者の居住の権利
Section 1 Spouse's Right of Residence
第一節 配偶者居住権
Article 1028Spouse's Right of Residence
第千二十八条（配偶者居住権）
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.
被相続人の配偶者（以下この章において単に「配偶者」という。）は、被相続人の財産に属した建物に相続開始の時に居住していた場合において、次の各号のいずれかに該当するときは、その居住していた建物（以下この節において「居住建物」という。）の全部について無償で使用及び収益をする権利（以下この章において「配偶者居住権」という。）を取得する。ただし、被相続人が相続開始の時に居住建物を配偶者以外の者と共有していた場合にあっては、この限りでない。
if it is provided that the spouse is to acquire the spouse's right of residence through division of the estate;
遺産の分割によって配偶者居住権を取得するものとされたとき。
if the spouse's right of residence is made the object of a legacy.
配偶者居住権が遺贈の目的とされたとき。
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.
Article 1029Acquisition of Spouse's Right of Residence by Adjudication
第千二十九条（審判による配偶者居住権の取得）
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).
Article 1030Duration of Spouse's Right of Residence
第千三十条（配偶者居住権の存続期間）
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.
Article 1031Registration, etc. of Spouse's Right of Residence
第千三十一条（配偶者居住権の登記等）
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.
Article 1032Use and Profit by Spouse
第千三十二条（配偶者による使用及び収益）
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.
配偶者居住権は、譲渡することができない。
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.
Article 1033Repairs, etc. of Building of Residence
第千三十三条（居住建物の修繕等）
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.
Article 1034Bearing of Expenses of Building of Residence
第千三十四条（居住建物の費用の負担）
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.
第五百八十三条第二項の規定は、前項の通常の必要費以外の費用について準用する。
Article 1035Return of the Building of Residence, etc.
第千三十五条（居住建物の返還等）
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.
Article 1036Mutatis Mutandis Application of Provisions on Loans for Use and Leases
第千三十六条（使用貸借及び賃貸借の規定の準用）
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.
Section 2 Spouse's Short-Term Right of Residence
第二節 配偶者短期居住権
Article 1037Spouse's Short-Term Right of Residence
第千三十七条（配偶者短期居住権）
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.
配偶者は、被相続人の財産に属した建物に相続開始の時に無償で居住していた場合には、次の各号に掲げる区分に応じてそれぞれ当該各号に定める日までの間、その居住していた建物（以下この節において「居住建物」という。）の所有権を相続又は遺贈により取得した者（以下この節において「居住建物取得者」という。）に対し、居住建物について無償で使用する権利（居住建物の一部のみを無償で使用していた場合にあっては、その部分について無償で使用する権利。以下この節において「配偶者短期居住権」という。）を有する。ただし、配偶者が、相続開始の時において居住建物に係る配偶者居住権を取得したとき、又は第八百九十一条の規定に該当し若しくは廃除によってその相続権を失ったときは、この限りでない。
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.
第千三十八条（配偶者による使用）
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.
第千三十九条（配偶者居住権の取得による配偶者短期居住権の消滅）
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.
Article 1040Return of the Building of Residence, etc.
第千四十条（居住建物の返還等）
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.