【裁判要旨】一方依据拆迁政策与他人共同取得安置房屋的居住权,即使共同居住的他人已取得该房屋的所有权,也不能排除其对房屋享有占有、使用的权利,即享有居住权。在一方居住权人另行购买或租赁房屋并自动迁出安置房屋后,其居住权归于消灭,但其享有向房屋所有权人主张经济补偿的权利。 Referee motto: One party obtains the residency right of resettling house jointly with others based on the demolition policy. Even if the co-residing people have obtained the ownership of the house, they can not rule out their right of possession and use of the house, that is, they have the right of residence. After a homeowner purchase or lease a house separately and move out of the resettlement house automatically, his residence rights will be extinguished, but he has the right to claim economic compensation from the owner of the house.