estate division children spouse concurrence property regime
The spouse does not always inherit alongside the children, and when they do, the share depends on the marriage's property regime and on how many private assets the deceased left. CC art. 1,829, I, sets out four different scenarios, and getting the regime wrong shifts each heir's share by thousands of reais.
The spouse only competes over the BRL 100,000.00 in private assets (1/3 of it); the remaining BRL 100,000.00 in common assets goes entirely to the 2 children (CJF Enunciado 270).
Under full community the spouse does not inherit alongside the descendants: they keep only the marital share, and the whole estate (BRL 200,000.00) is split among the 4 children (CC art. 1,829, I).
Without the art. 1,832 reserve, an equal split among 5 heirs would give 20% to each; the minimum reserve raises the spouse's share to 1/4.
The portion of joint marital assets that belongs to each spouse regardless of inheritance. In partial community, the surviving spouse has a community share in joint assets; they inherit personal assets only when competing with children (CC art. 1.829 I).
No. The minimum 1/4 reserve (CC art. 1,832) only applies when the spouse inherits alongside 4 or more descendants and all of them are children shared with the deceased (CJF Enunciado 527); with 3 children or fewer, or with any child exclusive to the deceased, the division is equal among all the heirs called.
No. Assets that already belong to the surviving spouse, acquired before the marriage, by inheritance or by gift, never become part of the deceased's estate (CC art. 1,659); only the deceased's assets and their share of the common assets enter the division.
Because the regime defines how much of the estate is the spouse's marital share, which sits outside the inheritance, and whether the spouse competes with the children for the remainder. Under full community the marital share is larger and the spouse does not compete; under partial community the marital share only covers common assets and the spouse can still compete over private ones, two effects that change each heir's final share.
Simulation guidance only. Actual division may include specific assets, debts, and taxes. Consult a family attorney.
CC art. 1.658, cada cônjuge recebe metade dos bens comuns + seus bens particulares.
Bens adquiridos na constância do casamento a título oneroso são comuns (art. 1.660 I).
Bens adquiridos antes do casamento, por herança ou doação são particulares (art. 1.659).