Inheritance of a House under a Separation of Assets: Who Inherits?

When spouses are married under a separation of assets regime, the inheritance of property upon the husband’s death follows specific rules, depending on whether a will exists.

Intestate Succession (Without a Will)
In the absence of a will, inheritance follows the Civil Code. If there are no children, the surviving spouse inherits the entire estate. If there is one child, the estate is divided equally between the spouse and child, with the spouse retaining the right to live in the marital home. If there are two or more children, the spouse receives one-third, and two-thirds are divided among the children. If there are no children, parents or siblings, two-thirds go to the spouse, and the remaining third is divided among parents or siblings.

Testamentary Succession (With a Will)

If a will exists, the deceased’s wishes prevail, with the caveat that “legitimate heirs” (spouse, children, or parents) must receive a minimum legal share of the estate. For example, if there are no children, the spouse inherits half; with one child, both receive one-third each.

Regardless of the regime, the surviving spouse retains the right of habitation in the marital home, ensuring they can continue living there, along with the right to use any furniture.

In a community of property regime, only half of the estate enters into succession. However, under separation of assets, the entire estate is inherited by the legal heirs or distributed as per the will.

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