Diritto di Abitazione (Right of Habitation)

A personal right, defined in the Civil Code (art. 540, 1022–1023 CC), allowing a person to live in a house (and use the furniture within) for their needs and those of their family. It is most commonly encountered as the right that a surviving spouse has by law to keep living in the family home (even if the home was owned by the deceased) – the spouse gets a diritto di abitazione on the marital house. This right is non-transferable and is less extensive than usufrutto (it cannot be leased out, for example). It ends upon death of the beneficiary (spouse) and cannot be sold. Buyers should be aware that if a property is sold with someone holding a diritto di abitazione (rare in practice, since it’s usually lifelong for spouse), that person has the legal right to inhabit the property until their death, even after the sale.