What are the property rights of the surviving spouse?

The estate of a deceased is subject to prior established property rights. In the specific case of a married spouse, the estate left by a deceased is subject to the rights acquired by the spouse prior to the deceased´s death. Normally, in the absence of specific exclusions or another agreement, there is a presumption of joint ownership between spouses and therefore, even if the spouse´s name is not written as the owner of a certain asset, the rights of the spouse should first be clarified before determining the assets included in the estate.