Share of surviving spouse when husband/wife dies

Death dissolves the conjugal partnership or absolute community. In the absence of any stipulation in any marriage settlement, one-half will go to the estate of the deceased while the other half goes to the surviving spouse. The half which goes to the surviving spouse is not transferred by succession. Such half represents the share of such surviving spouse in the property regime which was dissolved by death. Such spouse gets this share by virtue of being a co-owner or conjugal partner. However, the surviving spouse also gets a share in the other half that went to estate of the deceased spouse. The surviving spouse gets this share by virtue of being an heir under our compulsory system of succession. (Mison)

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