00:00Regarding the issue of succession orders, the fact that it has attracted a lot of attention...
00:07our kind followers,
00:09Several people have asked us to refer to the possibilities available to a spouse or partner.
00:17permanent of the deceased
00:19within the corresponding succession process.
00:27In this regard, let us say from the outset that in our opinion there are four possibilities that these people have within the
00:36procedure to which we referred.
00:38What are those four possibilities? And then we'll try to explain them.
00:43The first is to request the liquidation of the corresponding marital partnership or patrimonial partnership in such a way that the spouse
00:52or to the surviving comrade
00:53be awarded the corresponding marital property that corresponds to him within one or the other figure.
01:00The second possibility is to claim the spousal share.
01:05The third and fourth possibilities are to assert their heir rights in the development of what is known as
01:14the second and third order.
01:16What does each of these possibilities mean very briefly?
01:21The first is to claim the community property that corresponds to him within the marital partnership or the patrimonial partnership.
01:28It turns out, then, that on the occasion of the death of a person's husband or partner, the marriage is dissolved.
01:36whether it is a marital partnership or a patrimonial partnership.
01:39Therefore, it will be within the succession process where one or the other will have to be liquidated.
01:47Therefore, as we have already indicated, the survivor will be awarded the following within this process:
01:55marital property that corresponds to him as such.
01:57The second possibility is to claim the spousal share.
02:02The spousal portion is a type of aid that the law establishes in favor of the spouse or partner.
02:08When their partner dies, this person does not have the necessary resources for their basic subsistence.
02:16From that point of view then, the partner or spouse can become a party to the succession by requesting that
02:25that is awarded to them, which we already mentioned, is called the conjugal portion.
02:29So that part of the inheritance is assigned to him so that he has something to live on.
02:35Thirdly and fourthly, we refer to the possibility then that the spouse or partner has
02:43to attend the process as heirs.
02:47Secondly, because according to the law, when the deceased leaves no descendants, the inheritance must be
02:55to be divided between the ascendants and the spouse.
02:58In this case, the inheritance will be divided per capita among the number of surviving ascendants and the aforementioned spouse.
03:06or permanent partner.
03:08And finally, the fourth possibility is to also attend as an heir in the third order.
03:16In other words, when the deceased left no descendants or ascendants, the inheritance will be divided among the deceased's siblings and
03:24the spouse in equal shares.
03:26We place great emphasis on the fact that we are talking about possibilities, not options.
03:32Why? Because it's not about the surviving spouse or partner choosing one of
03:39them, but depending on their condition, on the circumstances that surround them,
03:45as well as the circumstances surrounding the corresponding succession process, which will then have to be, pardon me, resorted to a
03:55or to one of the other possibilities we have mentioned.
04:00We hope we have shed some light on this topic and, as always, we thank all our followers.
04:07especially to those who ask us questions and raise concerns, because it is thanks to them that we can expand on the topics we develop.
04:17in these legal tips.
