Right To Housing
LexInter | April 29, 2003 | 0 Comments

Right To Housing

Paragraph 3: The right to temporary housing and the life-long right to housing

Article 763

(Law n ° 72-3 of January 3, 1972 art. 5 Official Journal of January 5, 1972 in force on August 1, 1972)
 

(Law n ° 2001-1135 of December 3, 2001 art. 1, art. 2 and art. 4 Official Journal of December 4, 2001)
 

(Law n ° 2006-728 of June 23, 2006 art. 29 Official Journal of June 24, 2006 in force on January 1, 2007)

If, at the time of death, the successor spouse actually occupies, as principal residence, accommodation belonging to the spouses or totally dependent on the succession, he or she has full rights, for one year, free use of this accommodation. , as well as the furniture, included in the estate, which adorns it.
If his home was insured by means of a rental lease or of a dwelling belonging partly undivided to the deceased, the rents or the occupancy allowance will be reimbursed to him by the succession during the year, as and when measure of their acquittal.
The rights provided for in this article are deemed to be direct effects of the marriage and not inheritance rights.

Article 764

(Law n ° 72-3 of January 3, 1972 art. 5 Official Journal of January 5, 1972 in force on August 1, 1972)
 

(Law n ° 2001-1135 of December 3, 2001 art. 1, art. 2 and art. 4 Official Journal of December 4, 2001 in force on July 1, 2002)

Unless the deceased wishes otherwise expressed in the conditions of article 971, the successor spouse who actually occupied, at the time of the death, as principal residence, a dwelling belonging to the spouses or totally dependent on the succession, has on this accommodation, until his death, a right of habitation and a right of use on the furniture, included in the succession, furnishing it.
The deprivation of these rights of habitation and use expressed by the deceased under the conditions mentioned in the first paragraph has no impact on the rights of usufruct that the spouse receives by virtue of the law or of a donation, which continue to apply. obey their own rules.
These rights of residence and use are exercised under the conditions provided for in articles 627, 631, 634 and 635.
The spouse, the other heirs or one of them may require that an inventory of the movable property be drawn up. and a condition of the building subject to use and housing rights.
By way of derogation from articles 631 and 634, when the situation of the spouse means that the housing subject to the right of habitation is no longer adapted to his needs, the spouse or his representative may rent it for use other than commercial or agricultural in order to free up the resources required for new housing conditions.

Article 765

(Law n ° 72-3 of January 3, 1972 art. 5 Official Journal of August 5, 1972 in force on August 1, 1972)
 

(Law n ° 2001-1135 of December 3, 2001 art. 1, art. 2 and art. 4 Official Journal of December 4, 2001 in force on July 1, 2002)

The value of housing and use rights is deducted from the value of inheritance rights collected by the spouse.
If the value of the rights of residence and use is lower than that of his inheritance rights, the spouse can take the complement on the existing assets.
If the value of the rights of residence and use is greater than that of his inheritance rights, the spouse is not required to compensate the estate for the excess.

Article 765-1

(inserted by Law n ° 2001-1135 of December 3, 2001 art. 1, art. 2 and art. 4 Official Journal of December 4, 2001 in force on July 1, 2002)

The spouse has one year from the date of death to express his wish to benefit from these rights of residence and use.

Article 765-2

(inserted by Law n ° 2001-1135 of December 3, 2001 art. 1, art. 2 and art. 4 Official Journal of December 4, 2001 in force on July 1, 2002)

When the accommodation was the subject of a rental lease, the successor spouse who, at the time of death, actually occupied the premises as the main dwelling, benefits from the right to use the furniture, included in the estate. , garnishing it.

Article 766

(Law n ° 72-3 of January 3, 1972 art. 5 Official Journal of August 5, 1972 in force on August 1, 1972)
 

(Law n ° 2001-1135 of December 3, 2001 art. 1, art. 2 and art. 4, Official Journal of December 4, 2001 in force on July 1, 2002)

The successor spouse and the heirs can, by agreement, convert the rights of residence and use into a life annuity or into capital.
If a minor or a protected adult is among the successors parties to the agreement, the agreement must be authorized by the guardianship judge.

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