Short answer. Ordinarily no — only the deceased's share. If the testator owned just a part of or an interest in the house, Article 929 reads the gift as limited to that part or interest. You receive the fraction he actually owned, not the entire property, unless the testator expressly declared that he was giving you the house in its entirety.
What the law says
If the testator, heir, or legatee owns only a part of, or an interest in the thing bequeathed, the legacy or devise shall be understood limited to such part or interest, unless the testator expressly declares that he gives the thing in its entirety.
Civil Code, Article 929 — Partial Ownership. Read the full provision →
You get the share he owned, not the whole
A person cannot ordinarily give away more than he owns, and Article 929 applies that common-sense limit to a gift in a will. If the testator, heir, or legatee owns only a part of, or an interest in the thing bequeathed, the legacy or devise shall be understood limited to such part or interest. So if the deceased held only a half share, or some lesser interest, in the house, the devise is read as a gift of that half or that interest — not of the entire house. The other co-owners' shares are not his to give, and the will is understood to reach only what was genuinely his.
The exception: an express gift of the whole
There is one way the whole house can be intended. The article ends with a crucial qualification: unless the testator expressly declares that he gives the thing in its entirety. If the testator, knowing he owned only a part, still made clear in the will that he meant to give you the complete house, that express declaration is honored. In that situation the estate takes on the task of making good the gift of the whole — because the testator plainly intended you to have all of it, not just his fraction. The key is an express statement; a vague description of "my house" is not enough.
Why the default leans toward the part only
The presumption favors the smaller reading for good reason. Most people who leave "my house" are giving what they own, not silently promising to buy out their co-owners. Reading the gift as limited to the testator's actual share respects both his likely intention and the rights of the other owners, whose portions cannot be disposed of by his will. So unless the will clearly says otherwise, the law assumes he meant to pass on his own interest, and no more. The burden falls on clear wording to enlarge the gift beyond that.
What this means for you as devisee
In practice, you should look first at how much of the house the deceased actually owned, and then at whether the will expressly gave the whole. If he owned a share and said nothing about entirety, you become owner of that share — typically a co-owner alongside whoever holds the rest. If he expressly gave the whole, the estate must answer for delivering the entire property to you. Where the wording is doubtful, the dispute usually turns on whether the will contains a clear declaration of a gift in its entirety, or merely describes the house.