{
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        "rendered": "<h1 class=\"wp-block-heading\">What Does a Spouse Inherit?<\/h1>\n\n\n\n<p class=\"wp-block-paragraph\">Many people believe that on the death of their spouse they automatically inherit all of their assets. The reality is far more complex. The <strong><a href=\"\/hu\/oroklesi-szerzodes\/\">intestate succession of a spouse<\/a><\/strong> depends on whether the deceased left children, whether their parents are alive, and whether a will was made.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Below we summarise the most important rules of the Hungarian Civil Code.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\">\n\n\n\n<h2 class=\"wp-block-heading\">When Do the Rules of Intestate Succession Apply?<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The rules of intestate succession apply where the deceased did not make a valid will, or where the will does not dispose of the entire estate.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In such cases the Civil Code determines who is entitled to which share of the estate.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\">\n\n\n\n<h2 class=\"wp-block-heading\">What Does a Spouse Inherit If There Are Children?<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">If the deceased&#8217;s descendants \u2013 children, grandchildren \u2013 also inherit, the spouse has special succession rights.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In this case the surviving spouse is entitled to:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>a lifelong usufruct right over the home jointly occupied with the deceased and its furnishings and fittings;<\/li>\n\n\n\n<li>as well as a child&#8217;s share from the rest of the estate.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">This means that ownership of the jointly occupied property is not inherited by the spouse; as a rule, the children acquire it as owners. The spouse, however, is entitled to use the property and take its benefits for the rest of their life.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The rest of the estate \u2013 for example other properties, bank accounts, securities or a vehicle \u2013 is inherited by the spouse in the same proportion as the children.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Example<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">The deceased is survived by a spouse and two children.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The estate comprises:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>the jointly occupied family house;<\/li>\n\n\n\n<li>a holiday home;<\/li>\n\n\n\n<li>a passenger car;<\/li>\n\n\n\n<li>savings held in a bank account.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">In this case:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>the spouse is entitled to a lifelong usufruct right over the family house;<\/li>\n\n\n\n<li>the children inherit ownership of the family house;<\/li>\n\n\n\n<li>the holiday home, the car and the money in the bank account are inherited in equal shares by the spouse and the two children.<\/li>\n<\/ul>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\">\n\n\n\n<h2 class=\"wp-block-heading\">Can the Usufruct Right Be Redeemed?<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Under the law, the descendants cannot demand that the spouse renounce their usufruct right.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The spouse themselves, however, may at any time request the redemption of the usufruct right. In doing so, the court or the parties must take into account the fair interests of both the spouse and the descendants. As a result of the redemption, the spouse is entitled to a child&#8217;s share, in kind or in money.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\">\n\n\n\n<h2 class=\"wp-block-heading\">What Does a Spouse Inherit If There Are No Children?<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">If the deceased has no descendants but one or both parents are still alive, the rules differ.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In this case the spouse:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>inherits ownership of the jointly occupied home together with its furnishings and fittings;<\/li>\n\n\n\n<li>and inherits half of the remaining estate.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">The other half is due to the deceased&#8217;s parents.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">If only one parent is alive, the remaining estate is inherited by the spouse and the surviving parent in equal halves.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\">\n\n\n\n<h2 class=\"wp-block-heading\">When Does a Spouse Inherit Everything?<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">If there is neither a descendant nor a parent, or they cannot inherit, the surviving spouse inherits the entire estate alone.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In such cases more distant relatives \u2013 such as siblings or grandparents \u2013 no longer inherit.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\">\n\n\n\n<h2 class=\"wp-block-heading\">When Does a Spouse Not Inherit?<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">A spouse is not entitled to intestate succession in every case.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">They cannot inherit if, at the time the succession opened, the marital cohabitation had already ended and it was evident from the circumstances that there was no realistic prospect of restoring it.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The mere fact that the spouses live apart does not necessarily mean the loss of succession rights. Each individual situation must be examined.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\">\n\n\n\n<h2 class=\"wp-block-heading\">The Spouse&#8217;s Own Property Is Not an Inheritance<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">It is important to distinguish between matrimonial property law and succession law.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The spouse&#8217;s own property and their share of the marital community property are not an inheritance and are not acquired by succession. Only property owned by the deceased forms part of the estate.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">For this reason, probate proceedings usually begin by clarifying which assets belonged to the community property and which formed the deceased&#8217;s separate property.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\">\n\n\n\n<h2 class=\"wp-block-heading\">Is It Worth Making a Will?<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Although the law regulates the succession of a spouse in detail, in many family situations it is advisable to settle property matters by <strong><a href=\"\/hu\/vegrendelet-keszitese-ugyveddel\/\">making a will<\/a><\/strong>.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">This may be particularly justified if:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>it is a blended family;<\/li>\n\n\n\n<li>there are children from a previous marriage;<\/li>\n\n\n\n<li>significant real property is involved;<\/li>\n\n\n\n<li>a business or business share also forms part of the estate;<\/li>\n\n\n\n<li>the parties wish to establish an order of succession different from the statutory one.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">A properly drafted will can help prevent later family conflicts and legal disputes arising during the probate procedure.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\">\n\n\n\n<h2 class=\"wp-block-heading\">Summary<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The answer to what a spouse inherits always depends on whether the deceased left descendants or living parents, and whether the conditions of intestate succession are met.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Alongside descendants, the spouse does not acquire ownership of the jointly occupied home but is entitled to a lifelong usufruct right over it, and in addition inherits a child&#8217;s share from the rest of the estate. If there is no descendant, the spouse&#8217;s succession rights are considerably broader, and in certain cases they inherit the entire estate alone.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Frequently Asked Questions<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">Does the spouse inherit ownership of the jointly occupied home?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">If the deceased also has children, no. The surviving spouse is entitled to a lifelong usufruct right over the jointly occupied home and its furnishings and fittings, while as a general rule the descendants acquire ownership.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">If the deceased has no descendant but a parent is still alive, the spouse does inherit ownership of the jointly occupied home.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\">\n\n\n\n<h3 class=\"wp-block-heading\">What does a lifelong usufruct right mean?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Under the usufruct right, the surviving spouse is entitled to use the home and take its benefits for the rest of their life. This means that the owners \u2013 the children, for example \u2013 may as a rule not use the property without the usufructuary&#8217;s consent, nor decide freely on its use.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\">\n\n\n\n<h3 class=\"wp-block-heading\">Can the children sell the home if the spouse holds a usufruct right over it?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">They can sell their ownership, but the usufruct right remains. This can significantly reduce the market value of the property, so in practice such properties are sold less frequently, since the buyer must respect the usufruct right.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\">\n\n\n\n<h3 class=\"wp-block-heading\">Can the spouse be compelled to renounce their usufruct right?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">No. Under the Hungarian Civil Code, the descendants cannot demand the redemption of the usufruct right.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The surviving spouse may, however, request the redemption of the usufruct right at any time on their own decision.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\">\n\n\n\n<h3 class=\"wp-block-heading\">What does the spouse inherit from the rest of the estate?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">If there are descendants, the spouse inherits \u2013 in addition to the usufruct right over the jointly occupied home \u2013 a share equal to that of a child from the rest of the estate.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">For example, if two children inherit, the remaining estate is divided into three equal parts: one part goes to the spouse and one part to each of the two children.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\">\n\n\n\n<h3 class=\"wp-block-heading\">What happens if the deceased has no children?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">If there is no descendant but one of the parents is still alive, the spouse inherits ownership of the jointly occupied home and its furnishings and fittings, plus half of the remaining estate.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">If there is neither a descendant nor a parent, or they cannot inherit, the spouse inherits the entire estate alone.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\">\n\n\n\n<h3 class=\"wp-block-heading\">Can a separated spouse inherit?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Not in every case.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">If, at the time the succession opened, the marital cohabitation had already ended and it can clearly be established from the circumstances that there was no prospect of restoring it, the spouse falls out of intestate succession.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Every case requires individual assessment, so in such a situation it is advisable to seek the assistance of a lawyer experienced in succession law.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\">\n\n\n\n<h3 class=\"wp-block-heading\">Why is it worth making a will if the law regulates succession?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Intestate succession does not reflect the deceased&#8217;s true intentions in every family situation. By making a will, the testator can decide on the fate of their assets themselves, subject of course to the rules on the compulsory share.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Making a will is particularly recommended in the case of blended families, significant real property, a business, or foreign assets.<\/p>",
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        "rendered": "<p>What Does a Spouse Inherit? Many people believe that on the death of their spouse they automatically inherit all of their assets. The reality is far more complex. The intestate succession of a spouse depends on whether the deceased left children, whether their parents are alive, and whether a will was made. Below we summarise [&hellip;]<\/p>",
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