Article 1039 — Civil Code

1 article

Article 1039Extinguishment of the Spouse's Short-Term Right of Residence upon Acquisition of the Spouse's Right of Residence

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.

配偶者が居住建物に係る配偶者居住権を取得したときは、配偶者短期居住権は、消滅する。

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Defined terms4

spouse
配偶者（はいぐうしゃ）
In the chapter on a spouse's rights of residence, the spouse of the deceased (被相続人).
Article 1028, paragraph (1)See it in the glossary
spouse's right of residence
配偶者居住権（はいぐうしゃきょじゅうけん）
The right of the spouse of the deceased (被相続人), who was living in a building that belonged to the deceased's property when the succession began, to use the whole building and take profits from it free of charge, acquired where a division of the estate (遺産の分割) gives it to the spouse or a legacy (遺贈) leaves it, unless the deceased co-owned the building with someone other than the spouse.
Article 1028, paragraph (1)See it in the glossary
building of residence
居住建物（きょじゅうたてもの）
In the section on the spouse's short-term right of residence (配偶者短期居住権), the building that belonged to the property of the deceased (被相続人) and in which the deceased's spouse was living free of charge when the succession began.
Article 1037, paragraph (1)See it in the glossary
spouse's short-term right of residence
配偶者短期居住権（はいぐうしゃたんききょじゅうけん）
The right of the spouse of the deceased (被相続人), who was living free of charge in a building that belonged to the deceased's property when the succession began, to go on using it (or the part used) free of charge, as against whoever acquired it by inheritance (相続) or legacy (遺贈), until the date Article 1037, paragraph (1) sets — unless the spouse acquires a spouse's right of residence (配偶者居住権) in it or has lost the right to inherit under Article 891 or by disinheritance (廃除).
Article 1037, paragraph (1)See it in the glossary

This version

as amended by Act Partially Amending the Civil Code, etc. (Act No. 45 of 2026)民法等の一部を改正する法律

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