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The family court that has received a request for division of the estate may determine that the spouse is to acquire the spouse's right of residence only in the following cases:
if an agreement has been reached among the coheirs that the spouse is to acquire the spouse's right of residence;
if the spouse has informed the family court of a wish to acquire the spouse's right of residence and the court finds that, even taking into account the degree of detriment to be suffered by the owner of the building of residence, it is particularly necessary in order to maintain the spouse's livelihood (excluding the case set forth in the preceding item).
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