In case of death of one spouse, the matrimonial property regime is terminated and the common property will be divided according to the principles described under 5.1. and according to the dispositions of the marriage contract. The surviving spouse receives his/her share whereas the other part of the common property goes to the deceased's estate, which is then divided pursuant to the provisions of the inheritance law.

If there are descendant legal heirs of the deceased spouse, the surviving spouse shall be entitled to lifelong usufruct of the family dwelling used together with the deceased, including furnishings and appliances, and shall receive the same share as a child from the remainder of the estate.

 (Art. 7:58 (1) of the Civil Code)

If there is no descendant, or if the descendant is excluded from succession, the surviving spouse shall inherit the family dwelling used together with the deceased, including furnishings and appliances. One half of the remaining estate shall be inherited by the surviving spouse, whereas the other half shall be inherited by the testator’s parents. If a parent is debarred from succession, the other parent and the surviving spouse shall receive equal shares.

(Art. 7:60 of the Civil Code)

If there is no descendant or parent, or if they are excluded from succession, the surviving spouse shall receive the entire estate.

(Art. 7:61 of the Civil Code)

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