Act No. 1481 of 17 December 2019 on civil solidarity contracts introduced a temporary right to housing for the benefit of three categories of persons:
- The spouse entitled to inherit
- The surviving partner of a joint life contract
- The surviving cohabitant of a cohabitation contract
This right allows the survivor who, at the time of the death of his/her spouse, partner or cohabitant, actually occupies as his/her main residency, the home belonging to them or being part of the estate, to benefit for one year from the free enjoyment of this home, as well as furniture included in the estate, unless a wish to the contrary was expressed by the deceased in a will made by public act (better known as an authentic will).
Although the “made in Monaco” temporary right to housing is very similar to the temporary right to housing under French law, it is nonetheless different by its nature.
In fact, whereas in French law the temporary right to housing is considered to be a direct effect of the marriage and, as such, a matter of public policy, the Monegasque legislator has chosen to make it a right of succession, allowing any person to deprive his/her spouse, partner or cohabitant of the benefit of this right by means of an authentic will.
While the provisions relating to the temporary right to housing will only enter into force at the end of June 2020, a spouse or partner bound by a foreign partnership contract wishing to deprive his or her spouse or partner of this right can already take precautions by means of an authentic will.