Inheritance Law · The Surviving Spouse's Share
After losing your spouse, you may be trying to understand how the home, savings and other assets will be divided. We examine family relationships, asset records and the matrimonial property regime and assess inheritance shares, matrimonial property claims and missing documents in writing. To start, briefly identify the other heirs, known assets and matter you want clarified.
The initial review and second opinion are paid services. The scope, fee and timetable are agreed in writing before work begins.
Your Matter
Children, siblings or other relatives mention different percentages. You want to understand who inherits, which family records apply and how your share is determined.
You are told that the shared home will be sold or must be vacated. You want to understand how title, use of the home and other heirs' claims will be examined.
It is proposed to divide marital assets directly by inheritance percentages. You want to understand how the acquisition date, asset source and possible matrimonial property claim affect the calculation.
Legal Framework
A surviving spouse takes one quarter alongside descendants, one half alongside the parents' class and three quarters alongside grandparents or their children; if none exist, the spouse takes the whole estate. Before applying these shares, we identify the relatives entitled to inherit through records (TMK Art. 499).
The statutory matrimonial regime is participation in acquired property and ends at death (TMK Arts. 202, 225). We identify the applicable regime from marriage and acquisition dates and any agreement. A participation claim does not automatically confer half of every asset of the deceased spouse. Acquired and personal assets, debts, additions and equalisation are examined and calculations made on the residual value (TMK Arts. 231, 236). Once matrimonial property claims are clarified, the remaining estate value and inheritance share are assessed separately.
A surviving spouse's reserved share equals their entire statutory share when inheriting with descendants or the parents' class; otherwise it is three quarters of the statutory share (TMK Art. 506). We examine the will, earlier dispositions and calculation bases together to assess this protection.
Where the shared home or household effects form part of the estate, the surviving spouse may seek ownership against their inheritance entitlement. Usufruct or a right of habitation may be considered for just cause (TMK Art. 652). This does not mean automatic or free transfer. TMK Art. 240 on matrimonial property liquidation has different conditions. We do not assume the appropriate claim without examining ownership, use and relevant values.
Once divorce is final, there is no statutory heirship as spouse. If death occurs during divorce proceedings, continuation by an heir and proof of the surviving spouse's fault are assessed separately under TMK Art. 181.
File Review
We compare the certificate of inheritance, family relationships and important dates. If the stated shares differ from your account, we identify the reason and records to check.
We read title, banking and other asset information with acquisition dates and financing documents. We identify unknown points in distinguishing personal property, acquired property and debts.
We examine the will, partition proposals and any litigation documents. Considering other heirs' possible objections, we explain which issues need separate calculations or legal examination.
Work Plan
Briefly describe who died, the uncertainty you face and any current file stage. The first step is a short description of your matter.
Let us agree the appropriate review's scope, fee and timetable in writing before starting and share the documents needed and questions to answer.
Let us examine the agreed documents, address inheritance shares, matrimonial property and home questions separately, and explain missing information and possible steps.
Frequently Asked Questions
When inheriting alongside descendants, the spouse's statutory share is one quarter. The number of children does not change that percentage; other heirs' shares are calculated separately.
An inheritance share alone does not produce that result. Inclusion of the home in the estate, other rights and the relevant claim's conditions are examined separately. We distinguish matrimonial property calculations from allocation of the home.
Yes. First, briefly describe your matter and the stage of any ongoing file. When defining the work scope, we clarify which documents are needed and what information remains missing.
Yes. Initial reviews and second opinions are paid services. After your brief enquiry, we define the appropriate work's scope, fee and timetable in writing before starting.
Briefly describe your matter and the file's current stage. Let us agree the work's scope, fee and timetable in writing before starting.