[2] Compiled from: Dezhou Intermediate Court
 
Case review 
[3] Zhang and Wang were originally married, owning three properties together, with their children all settled. Due to daily disputes, Zhang sued for divorce. The court found the marriage irretrievably broken. Despite mediation, Zhang insisted on divorce. Wang opposed, unwilling to end up with nothing after a lifetime of effort. After psychological counseling, Wang relented and agreed to divorce.
 

[4] Both agreed all three properties would go to Wang, but Zhang, being elderly, wanted one house to live in, while Wang refused to transfer ownership. Under court guidance, mediators and children tried to resolve the dispute, but the couple remained deadlocked.
 
 
Relevant legal provisions
Civil Code of the People's Republic of China
[5] Article 366 
[6] A holder of the right of residence is entitled, as per contract, to possess and use another's residential property as a usufructuary right to meet living needs.
 
Article 368
A right of habitation is established gratuitously, unless otherwise agreed by the parties. To establish a right of habitation, an application for registration of the right of habitation shall be made to the registration authority in accordance with the law. The right of habitation is established upon registration.
 

 
Court mediation
The court presided over mediation again, and both parties ultimately agreed that the man would have the right to reside in one of the houses, with the court issuing a mediation document stipulating that the man could use this mediation document to apply for registration of the right of habitation at the property registration authority, and the woman should cooperate.
 
 
[1] The author's perspective
Based on the above legal provisions, it can be summarized that in the practical application of the right of habitation, the following three characteristics should also be noted:
 
1. The right of habitation is a usufructuary right.
The basic attribute of the right of habitation is a real right, which is also a long-term property right with independence.
 
The definition of the right of habitation is a property right established for a specific person based on living needs, with personal exclusivity. The establishment of the right of habitation is an act of favor and is non-transferable.
 
As a usufructuary right, the right of habitation has particularity, meaning that the holder only has the rights to possess and use the subject property, i.e., the residence, but not the right to derive benefits, and cannot engage in profit-making activities such as leasing.
 
2. In principle, the right of habitation is established gratuitously.
Since the right of habitation is established to meet the essential living needs of one party, it is generally gratuitous. However, daily expenses such as property management fees and utility bills incurred during habitation should be paid by the holder. Civil law also highly respects the autonomy of the parties; if there are other agreements between the parties, those agreements shall prevail.
 
3. The right of habitation requires registration to take effect.
According to the above legal provisions, the establishment of a right of habitation must be registered and takes effect from the time of registration.