I will try to answer this question by focusing on the Civil Law of Catalonia, so that administrative issues will be left out of the analysis, but at the same time I will try to make reference to the increasingly frequent situation of separations and divorces, not only marital but also between de facto couples, since the queries that I receive through this website are increasing.
The first issue that must be addressed is that in Catalan law there is no obligation to leave the spouse any part of the inheritance; in technical terms it is said that the widow or widower in Catalonia is not a legitimate heir.
That said, the rights that have historically corresponded to the widowed spouse are four:
a) the right to household goods;
b) the benefit of the year of mourning;
c) rights in intestate succession (in the absence of a will)
d) and the fourth marital.
In recent times, and as a result of the reforms of family law since 1993, a right has also been recognized right of compensation For spouses, consisting of a portion of the increase in assets that the other spouse had during the marriage, when the latter ends.
We will analyze these rights separately, since they depend on different requirements that are not always concurrent.
him Right to household goods.
It is regulated in the article 231-30 Civil Code of Catalonia, according to whichthe widowed spouse, not separated judicially or in fact, he/she is entitled to the ownership of the clothing, furniture and utensils that make up the trousseau of the marital home.
This right is independent of the marital regime and the rights that may correspond to the widower by inheritance, and is not transmitted to his heirs, in the event that the widower dies, without having exercised it.
It is important to highlight that The trousseau does not include jewellery, artistic or historical objects, or other property of the deceased spouse that has extraordinary value in relation to the standard of living of the marriage and the estate, nor are family furniture if the deceased spouse has disposed of it through acts of last will in favour of other persons.
By reference made in article 234-14 According to the Civil Code of Catalonia, de facto couples also enjoy this right in the event of the death of one of them.
b) The Widowhood year.
It is regulated in the article 231-31 Civil Code of Catalonia, according to which, During the year following the death of one of the spouses, the survivor who is not legally or factually separated and who is not the universal usufructuary of the estate of the deceased has the right to continue using the marital home and to be supported by this property, according to the standard of living that the spouses had maintained and the importance of the assets.
This right is independent of the marital regime and the rights that may correspond to the widower by inheritance (except for universal usufruct), and is not transmitted to his heirs, in the event that the widower dies, without having exercised it.
The surviving spouse loses his or her rights if, during the year following the death of his or her spouse, he or she remarries or begins to live with another person, or if he or she abandons or seriously neglects the common children under parental authority.
By reference made in article 234-14 According to the Civil Code of Catalonia, de facto couples also enjoy this right in the event of the death of one of them.
c) Rights in intestate succession.
They are regulated in the articles 442-3 and following of the Civil Code of Catalonia. But beforehand, it is imIt is important to note that there will be intestate succession when a person dies without a will.
In such cases, the rights of the widower are different, depending on whether the deceased had children, who do not need to be common with the widower.
If the deceased leaves children, the widower has the right to universal usufruct of the inheritance, which is not lost even if the widower remarries or starts living with another person.
If the deceased leaves no children or other descendants, the inheritance belongs to the widower in its entirety, although the parents of the deceased retain the right to a legitimate share, which in this case amounts to half the value of the inheritance.
Common-law couples also enjoy this right in the event of the death of one of them.
d) Right to the widow's quarter.
It is regulated in article 451-3 of the Civil Code of Catalonia, according to which a widowed spouse who, with his or her own assets, those that may correspond to him or her by reason of the liquidation of the matrimonial economic regime and those that the deceased attributes to him or her by reason of death or in consideration of this, does not have sufficient economic resources to satisfy his or her needs, has the right to obtain from the succession of the deceased spouse or partner the amount that is necessary to meet them, up to a maximum of one quarter of the net hereditary assets.
The widowed spouse is not entitled to claim the widow's share if, at the time of the opening of the succession, he or she was separated or there was a pending suit for annulment of separation or divorce.
De facto couples also enjoy this right in the event of the death of one of them.
e) Right to compensation for work.
Regulated in article 232-5 of the Civil Code of Catalonia It is a right only applicable to marriages whose marital regime is the Catalan one of separation of assets., and assumes that the spouse who has worked for the home more than the other or for the other without remuneration or with insufficient remuneration, has the right to financial compensation for this dedication provided that at the time of the termination of the regime due to separation, divorce, annulment or death of one of the spouses or, where appropriate, the effective cessation of cohabitation, the other has obtained a greater increase in assets in accordance with the provisions of this section.
The formula for calculating compensation is complex and goes well beyond the purpose of this entry, with the law also setting its limit at one fourth of the difference between the increases in the spouses' assets, calculated in accordance with the rules established by article 232-6.
This right to compensation is also applicable to de facto couples, due to the reference made in article 234-9.1 Civil Code of Catalonia and its increase, reduction or exclusion may be agreed upon prior to marriage.
Unlike the other rights mentioned above, which are linked to the death of one of the spouses, compensation normally applies in cases of separation and divorce, and is more limited in cases of death, since the surviving spouse may claim financial compensation for work reasons as a very personal right, provided that the rights attributed to him or her by the deceased, in the voluntary succession or in anticipation of his or her death, or those that correspond to him or her in the intestate succession, do not cover the amount that would correspond to him or her.
Lleida, May 19, 2015.
