If a couple opts for a scheme property communityor at least they haven’t proven otherwise, what happens when someone is entitled tolegacy? There is often a fear in these cases of having to share the inherited assets with the other spouse by virtue of the company, but the law says otherwise, so that the wishes and rights of the deceased, including emotional rights, are guaranteed to the heirs.
Inheritance that is not part of the asset community
assets acquired by one of the spouses as an inheritance or gift, It is not included in the asset communityregardless of the wishes of the spouses. The law provides, in fact, that the hereditary assets are included among the personal assets, as a form of protection of the will of the testator. for others Private propertyLike those in practice, exclusion from the company instead represents the interest of one of the spouses. In the case of inheritance, on the other hand, it is important to respect the inheritance division established by the deceased, or in any case to know it under succession laws.
Thus, the heir is the sole owner of the inheritance he has received but also his own proceeds. Income from an apartment is inherited, for example, as well collectibles It is made possible by that money is the sole property of the heir and remains excluded from society. At the same time, it is essential that any purchase deeds contain precisely this information, so it must be made clear that the property in question is being purchased with inheritance money. Moreover, in the matter of inheritance, there is no right of the spouse, since the assets in question belong to the deceased and not properly the heir, who acquires a personal right of inheritance.
When the inheritance is part of the community of goods
Regardless of the premises, an inheritance may happen to be imputed in a community of commodities. It is an application of the same principle by which inheritance is usually excluded from the company, that is, respect for the succession of the deceased’s inheritance and his will in this respect.
And therefore, only will It can be shown that the hereditary assets are part of the community of assets of the married heir. In this case, the testator can choose whether to expressly name the other spouse as the heir or directly demonstrate that he wishes the assets in question to be included in the asset community. Therefore, it is a rather specific exception, based solely on the choices of the deceased and on his own judgments.
The assets inherited before marriage and the legal community of the spouses
Having made it clear that an inheritance acquired during marriage does not form part of a community of good deeds, with the exception of the various probate provisions, it remains to understand what happens when the inheritance is received by one of the spouses Prenuptial. As expected, however, inheritance is treated as a personal good; Therefore, the moment when it is acquired by the heir is not important.
Deferred handling of inherited assets
Income generated from inherited property is not considered personal property, unless specifically stated. It does not indicate that the money comes from the sale of an inherited asset or from its exploitation, for example by renting out a property. The law in question defines a specific form of partnership, viz deferred companywhich also applies to the fruit of personal property. How can we talk about a corporation even if the same law excludes personal property from a corporation?
Simply because deferred handling applies at a time community solution – eg after a divorce – to allow the division of income and assets between spouses. Therefore, the deferred company takes into account remainsThat is, money that has not been spent in any way and thus contributes to the formation of a joint account for the spouses. At the same time, the heir can remedy this problem by ensuring that the origin of these fruits of the inherited property can be traced back and proven.
The husband’s inheritance in the case of joint ownership
The inheritance does not form part of the group of goods even when the deceased is one of the spouses involved. This means that upon the death of the wife or husband, the other spouse is entitled Half stock Which is due to the community system of goods, in addition to Hereditary share the case. Thus, the share is calculated on the remaining half of the assets owned by the deceased.
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