6 What are the consequences of death?

In case of death of one spouse, the matrimonial property regime is terminated and, if the community of property regime was applicable, the community property is divided according to the principles described under 5.1. The surviving spouse receives his/her share of the community property, while the other part goes to the deceased’s estate, which is divided pursuant to the provisions of inheritance law. The surviving spouse receives the same portion of the estate as the children; however, the share of the spouse may not be less than one quarter of the inheritance (Art. 2139 CC). If there are no descendants and the deceased has left only a spouse and ascendants, the surviving spouse receives two-thirds of the estate. If the deceased leaves neither descendants nor ascendants, but solely a spouse, the latter receives the full inheritance.