Death of a close family member

Spouses in a marriage and partners in a registered partnership have marital rights to each other’s property. When a marriage ends in the death of a spouse, the widow(er) has the right to half of the couple’s combined assets on the basis of marital rights. The process in which the property falling under the scope of the marital rights is determined and divided between the spouses is called the division of property.

The division of property is carried out if the spouses did not have a prenuptial agreement restricting each spouse’s rights to the couple’s common assets. The spouses may also have left part of their property outside the prenuptial agreement. in such cases, a partial division of property is carried out: the joint property is divided and the property falling under the scope of the prenuptial agreement is separated.

If the deceased person was a widow(er) and no division of property had been carried out after the death of the deceased person's spouse, the property must be divided before the inheritance can be distributed.

For expert assistance in the division and separation of property, contact a law firm or a legal aid office.

If the spouses have property falling outside the scope of the marital rights, its ownership is determined through separation of property. The separation of property is carried out if the spouses have a prenuptial agreement restricting each spouse’s rights to the couple’s common assets. The marital rights may also be restricted by a will or a deed of donation. If the deceased person had inherited property or received property as a gift and the testator or the donor had determined that the spouse of the deceased has no rights to the property, the property is outside the scope of the marital rights of the widow(er).

Unlike spouses in a marriage, cohabiting partners do not have any rights to each other’s property. When a cohabitation ends in the death of one of the partners, the surviving partner will keep their property and the deceased person’s property belongs to the estate.

The cohabiting partners may also have joint property that must be separated. In the separation process, ownership is determined and the joint ownership of the property is ended. The separation of property must be carried out before the inheritance is distributed.

For expert assistance in the separation of property, contact a law firm or a legal aid office.

In the division of property, the property falling within the scope of the marital rights is added up and equally divided between the spouses. The spouse with less property will receive part of the other spouse’s property as adjustment. After the division, the property of both spouses is of equal size.

If the deceased spouse was wealthier of the two, the widow(er) will receive the adjustment before the property of the deceased person is distributed among the heirs. The widow(er) may also reject the adjustment. 

If the widow(er) is the wealthier party, the widow(er) is not obliged to transfer any adjustment to the deceased spouse’s heirs. If the widow(er) transfers the adjustment, the widow(er) may decide whether the transfer is in money or fixed assets.

The property must also be divided if the deceased person was a widow(er) and no division of property had been carried out after the death of the deceased person’s spouse.

An agreement on division must be prepared on the division of property. The agreement on division may be prepared as a separate document or it may be incorporated in the deed of estate distribution.

The division of property must always be carried out before the distribution of inheritance.