estate division children spouse CC art 1829 Brazil
Estate division depends on the matrimonial property regime. Under the partial community of property regime, the most common, the spouse inherits only from the deceased's private assets. Miscalculating this leads to contested probate.
Consult an attorney for the actual probate.
Use the result as technical or educational support, keeping the tool limits explicit in the workflow.
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. Under full community or mandatory separation regimes, the spouse does not inherit alongside descendants (CC art. 1.829 I, in fine). Under partial community, only on private assets.
No. It helps explain the scenario and use the tool more safely, but real decisions should consider official sources, full context and qualified guidance when needed.
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).