Amendment status not verified — confirm the current text below against the official source.
Preferential right of habitation and use of surviving spouse.— (1) The surviving spouse of the estate leaver shall have the right to exclusive habitation of the residential house of the family and the right to use the movables and other objects or utensils intended for the comfort, service and decoration of the house. If such claim is made, the value of the right to habitation and use shall be determined and the surviving spouse shall pay owelty to the heirs ---16--- if the value of right of habitation and use exceeds the value of her moiety and share, if any. (2) The person having right to habitation and use is bound to use the property as a prudent man would use. (3) If the surviving spouse fails to inhabit the house for a period of one year, the right shall cease. (4) At the request of the owner of the house, the court may, if it deems just to do so, require the surviving spouse to give such security as found necessary. CHAPTER X Mandatory Succession, Collation and Reduction 10[83. Disposable portion.— The portion which the testator may freely dispose off shall be called the disposable portion and it shall consist of half of the estate of the estate leaver, except as provided hereunder:— (a) Legitime of the descendants: Where the estate leaver has children or descendants at the time of his death, their legitime shall consist of half of the inheritance. (b) Legitime of the spouse: Where the estate leaver has no children or descendants at the time of his death but his spouse is alive, her legitime shall consist of entire inheritance. (c) Legitime of the parents: Where the estate leaver has no children or descendants and spouse at the time of his death but either his mother or father is alive, their legitime shall consist of entire inheritance. (d) Legitime of other ascendants: Where the estate leaver has at the time of his death ascendants other than the father or mother, their legitime shall consist of one third of the inheritance].