My husband passed away 1 year ago. Our main residence belonged jointly to my husband and his brother. Can I take advantage of the lifetime right of article 764 of the Civil Code as a surviving spouse?

No. To be able to benefit from the lifetime right provided for by article 764 of the Civil Code, the accommodation must belong to the spouses or depend totally on the estate.

However, if the accommodation was held by the deceased in joint ownership with a third party, the spouse cannot benefit from the lifetime right.

On the other hand, the furniture that furnishes the dwelling belongs to the estate of your spouse.