asumisoikeus

[Y77]

does anybody know if a surviving spouse has the right of inhabitation in the conjugal home even if he/she had an avioehtosopimus with the deceased spouse and the decesed spouse owned 100% of the property which will now be ihnerited by the deceased brothers?
thanks

[tjawatts]

I would say yes, but perhaps you should consult a lawyer if this is happening or has happened.

(2)
Notwithstanding a demand of a direct descendant for the distribu
tion of the
estate, or the rights of a beneficiary under a testament, the surviving spouse may
retain possession of the undivided common home of the spouses or of other
housing that is part of the decedent’s estate and suitable as a home for the
surviving spouse, unless there is housing suitable as a home for the surviving
spouse in his or her own property. The customary household effects in the
common home shall always remain undivided in the possession of the surviving
spouse.

http://www.finlex.fi/en/laki/kaannokset ... nheritance

http://www.finlex.fi/fi/laki/ajantasa/1 ... C3%B6kaari

[priki]

Based on these http://www.perunkirjoitus.fi/lesken-oikeudet.html and http://andoms.fi/fi/lakiasiat-yksityisi ... n-oikeudet I'd say it depends.

In these cases the widow cannot stay in the apartment:
- If the widow owns an apartment that could be used as his/her home
- if the deceased spouse was in debt so that the apartment must be sold to cover those debts
- if the spouses had started a divorce process in court before the death
In addition, the spouses must have been married, avopuoliso does not have the right to stay in the conjugal home.
And, there might be an option, if the property of the deceased includes another apartment that can be used as a home by the widow, that the widow needs to move from the conjugal home to that other apartment, but I do not know what can be the reasons for that.