The right to the lease of premises, of a non-professional or non-commercial nature, which is actually used as a dwelling by two spouses, whatever their matrimonial regime and notwithstanding any agreement to the contrary and even if the lease was entered into before the marriage, or by two partners bound by a civil solidarity pact, provided that the partners make the request jointly, is deemed to belong to both spouses or partners bound by a civil solidarity pact.
In the event of divorce or legal separation, this right may be awarded, in consideration of the social and family interests involved, by the court hearing the application for divorce or legal separation, to one of the spouses, subject to rights to reward or indemnity in favour of the other spouse.
In the event of the death of one of the spouses or one of the partners bound by a civil solidarity pact, the surviving spouse or partner bound by a civil solidarity pact who is a co-owner of the lease has an exclusive right to it unless he or she expressly waives this right.