After I leave, can my wife continue to live in my house?

Mr. Yin:

I'm 80 years old this year. I was widowed at an early age, and I was alone to raise my children. At the age of 60, my children all started a family, and I was lucky to meet my step-wife, and we have always had a good relationship.

As we get older, we don't want to cause trouble for our children and want to make a will to arrange the property. After my wife made it clear that she didn't want my property, I knew she only had a little pension and didn't have her own house. Although we all agreed to give the house in my name to the children, I wonder if I can leave, and my wife can still live in my house until she is a hundred years later? After so many years of feelings, I really don't want me to be away, she has no place to live and her old age is desolate, is there any good way?

Hebei reader Uncle Liu

Uncle Liu:

Hello! You don't have to worry, your idea that the Civil Code has clear legal provisions that can be fulfilled, and you can solve your worries by making a will to establish the right of residence.

Residency may be established on the basis of a will or bequest

The right of residence is a kind of usufruct right, which refers to the right to occupy and use the housing and its ancillary facilities owned by others. The right of residence can be established according to a will or bequest, or in accordance with the contract.

The legal characteristics of the right of residence mainly have five points: 1, the subject of the right of residence is a specific citizen, that is, a citizen who has a legal basis to occupy the house, and the company and other organizations are not the main body of the right of residence; 2, the object of the right of residence is limited to the house and does not involve other property; 3, the use of the house by the holder of the right of residence should be limited to the purpose of residence, if it is used for business; 4, the acquisition of the right of residence should have a statutory basis or have the agreement of relevant contracts; 5, the acquisition of the right of residence should go through registration procedures and be protected by national laws.

According to the provisions of Chapter 14 of the Civil Code, there are two main ways to create the right of residence: 1. The right of residence is obtained by contract. For example, the two parties sign a contract for the right of residence and register the right of residence. 2. Obtain the right of residence according to the will and other legal acts. The owner of the house may set the right of residence for others by making a will.

The content of the right of residence mainly refers to the rights and obligations of the holder of the right of residence.

The rights of the occupant include: 1. the right to use the house, but such use right must be limited to the purpose of residence; 2, the right to enjoy the rights attached to the right to use the house, such as the right to neighbor, etc.; 3, the right to repair and maintain the house for the purpose of residence.

The obligations of the occupant include: 1, the obligation to keep the house during the period of residence; 2, not to create a mortgage or any other right burden on his right of residence; 3, to bear the daily management and maintenance costs of the house and other reasonable expenses in the process of use; 4, not to arbitrarily change the structure and use of the house; 5, the obligation to return the house at the end of the period of residence.

Be sure to make a legal and valid will under the guidance of a professional

Chapter 14 of the Civil Code provides specific provisions on the form of establishment of the right of residence, the content of the contract, the establishment of registration, and the cancellation of registration with 6 articles. Among them, the first five articles mainly revolve around the provisions on the conclusion of the right of residence in accordance with the contract, and the sixth article clearly states that the reference for the establishment of the right of residence through a will shall apply to the first five articles.

Accordingly, you can establish the right of residence for your future wife by making a will, based on the fact that making a will is a major civil juristic act, and the establishment of the right of residence is a new provision of the Civil Code, and you need to pay attention to the following three issues when establishing:

1. Be sure to make a legal and valid will under the guidance of a professional, otherwise once the will is found to be invalid, the arrangement for establishing the right of residence through the will will also lose its meaning.

2. The content of the establishment of the right of residence should be clearly stipulated and required with reference to Article 367 of the Civil Code, clarifying the name and residence, the location of the residence, the conditions and requirements of residence, the period of residence, the method of resolving disputes, etc., combined with the rights and obligations of the holder of the right of residence mentioned in the above content, and combined with the specific situation of your home for a comprehensive and accurate description, so as to avoid ambiguity and cause unnecessary trouble.

3. The law clearly stipulates that the right of residence is not transferable or inherited, and whether it can be leased needs to be clearly stated.

Message from the lawyer

Establishing residency for your wife through a will does provide legal tools and legal support for people as kind as you. However, the establishment of the right of residence through a will has a certain degree of passivity compared with the establishment of the right of residence through a contract.

The will is only effective after the death of the testator, if during the period of the right of residence, the right of residence has damaged the rights of the house or the legal heir, because the right of residence has been established through the will, the current law provides that the legal heir has no remedy, the legal heir will not be able to maintain their legitimate rights and interests, which is also contrary to the original intention of the testator, so the right of residence established through the will must be well considered and accurately expressed.

(Yin Hongzhi, senior partner and lawyer of Beijing Lei Jie Zhan Da Law Firm)

Source: People's Daily Overseas Edition