My spouse died. Does our matrimonial property regime affect inheritance?

What the Law Says

In the European Union, inheritance and matrimonial property are governed separately but interact closely. The matrimonial property regime — agreed upon at marriage or set by default national law — determines ownership of assets during marriage and thus shapes what forms part of the deceased spouse’s estate.

Under Regulation (EU) No 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions in matters of succession (the Succession Regulation), the law governing succession is generally the law of the deceased’s habitual residence at death — unless they chose the law of their nationality. However, this regulation explicitly excludes matrimonial property regimes: 'This Regulation shall not apply to matrimonial property regimes' (Art. 1(2)(e)).

That means national rules on marital property — whether community of property, separation of property, or participation regimes — continue to apply under domestic law and directly impact what assets are available for inheritance. For example, in community property regimes (used in 17 EU Member States), assets acquired during marriage are typically owned 50/50; only the deceased’s half enters the estate.

The Succession Regulation also preserves the surviving spouse’s rights under national matrimonial property law, including rights to claim reimbursement, division of common property, or compensation before the succession process begins.

Statutory Text

This Regulation shall not apply to matrimonial property regimes

— Regulation (EU) No 650/2012, Art. 1(2)(e) — Scope

Statutory Text

The law applicable to the succession shall govern the entire succession

— Regulation (EU) No 650/2012, Art. 21 — General rule

Sources