continued community of goods
June 23, 2010 | 40,00 EUR | answered by Michael Vogt
My father recently passed away. My parents had entered into a marriage and inheritance contract, which states that upon the death of the first spouse, the community of goods with the common children will continue. It only concerns cash assets, as the land and house were transferred to me earlier, and there are no other valuables. We are three children. We all want our mother to be able to have sole control over the money and do not make any claims. We have already informed the bank of this, and the accounts have been transferred to our mother as a result. We did not provide any comments or objections to the notary within the deadline. Therefore, the community of goods continues with the notary. We are now asked to fill out an application for the issuance of a certificate of continuation of the community of goods. What are the consequences for us? What does this mean in practice? Will our mother no longer be able to dispose of the assets on her own because they now belong to all of us?
Thank you for your response!
Best regards
Dear advice seeker,
Your question may I answer based on the situation you described and taking into consideration your contribution as follows:
In the matrimonial property regime of community of property, the assets of the spouses are generally considered common property. In this case, the spouse who manages the joint property is entitled to dispose of the whole property.
If a continued community of property is agreed upon in a marriage- inheritance contract, the descendants take the place of the deceased spouse. However, the authority to manage the joint property remains with the surviving spouse. Therefore, they can dispose of the assets.
In this regard, the probate court shall, upon request, issue a certificate of continuation of the community of property to the surviving spouse. This certificate serves as proof, similar to a certificate of inheritance, allowing your mother to prove to third parties that she is entitled to manage the joint property. Therefore, your mother can continue to manage her assets.
I hope that my answer has provided you with a first overview of the legal situation.
Please note that this response, based on the information you provided, is only an initial legal assessment of the situation. It cannot replace a comprehensive evaluation. Adding or omitting relevant information may lead to a completely different legal evaluation.
Feel free to contact me through the follow-up option on this platform or via my email address if you have any further questions.
For legal representation beyond this initial advice, my law firm is also at your disposal.
Wishing you a pleasant day,
Yours sincerely,
Lawyer Michael Vogt
