Civil Code (Cap. 16), article 633

633. (1) The surviving spouse shall be entitled to the right of habitation over the tenement occu pied as the principal residenc e by the said surviving spouse at the time of the decease of the predeceased spouse, where the same tenement is held in full ownership or emphyteusis by the deceased spouse either alone or jointly with the surviving spouse. (2) The extent of the tenement su bject to the right of habitatio n shall not be limited on the grounds that, after the death of th e predeceased spouse the surviving spouse requires a lesser part of the tenement. (3) For the purposes of articles 631 and 632, the tenement subject to the right of habitation under this article shall be excluded from the estate of the deceased over which the surviving spouse has a reserved portion. (4) The provisions of article 395 shall not apply to the right o f habitation granted under this article. (5) The right conferred in sub- article (1) shall subsist even where such right has the effect of reducing, during the lifetim e of the surviving spouse, the reserve d portion due to any other per son. (6) Where a creditor of the d eceased spouse enforces his right over the tenement subject to the right under this article, or w here the heirs who have accepted the inheritance with the benefit of inventory sell such tenement in satisfaction of any debt due by the inheritance, and in either case there exists other assets of th e inheritance with which such debts may be satisfied, the survivi ng spouse shall have a right to demand, within one year of the sal e, damages from the heirs of the d eceased spouse, or from the heir s of the deceased spouse who have accepted with the benefit of inventory who shall not have taken any possible action to pay s uch debts out of the other assets. (7) The spouses may, in a pre-nuptial or post-nuptial agreement, in accordance with thi s Code, whichever patrimonial regime is to regulate their prop erty, exclude or reduce the rig ht competent to the surviving spo use in virtue of this article. (8) The right of habitation confe rred in this article shall ceas e on the remarriage of the surviving spouse, or if the surviving spouse enters into a public deed of cohabitation. CIVIL CODE [CAP. 16. 175 Partition between heirs and surviving spouse. Substituted by: XLVI.1973.54. Amended by: XXI.1993.69. Substituted by: XVIII.2004.73.