Book III: Different ways of acquiring property

If, at the time of death, the successor spouse actually occupies, as his or her principal dwelling, a dwelling belonging to the spouses or wholly dependent on the succession, he or she has by right, for one year, the free enjoyment of this dwelling, as well as the furniture, included in the succession, which furnishes it. If his dwelling was secured by means of a lease or a dwelling belonging…

Unless the deceased wishes otherwise in accordance with article 971, the successor spouse who actually occupied, at the time of death, as his or her principal dwelling, a dwelling belonging to the spouses or wholly dependent on the succession, has over this dwelling, until his or her death, a right of dwelling and a right of use over the furniture, included in the succession, furnishing it. The deprivation of these…

The value of the rights of habitation and use is set off against the value of the inheritance rights collected by the spouse. If the value of the rights of habitation and use is less than that of his or her inheritance rights, the spouse may take the remainder from the existing assets. If the value of the rights of habitation and use is greater than his or her inheritance…

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

Where the dwelling was the subject of a lease, the successor spouse who, at the time of death, was actually occupying the premises as his or her principal dwelling shall benefit from the right of use over the furniture, included in the estate, furnishing it.

The successor spouse and the heirs may, by agreement, convert the rights of habitation and use into a life annuity or a capital sum. If there is among the successors party to the agreement a minor or a protected adult, the agreement must be authorised by the guardianship judge.