When someone dies, inheritance begins, a legal process that defines who receives an inheritance. In Argentina, the law provides certain rights.
November 15, 2025 – 7:19am
When a person dies, in addition to the emotional impact, an unknown legal chapter begins. inheritancethrough which it is determined who receives them inheritance. In Argentina, Civil and commercial law It establishes precise rules regarding the rights of spouses, i.e. husband or wife, in the transfer of assets.
Even so, although the provisions are clear, in practice the question often arises whether the spouse always inherits. What if I have children? How will property acquired before marriage be distributed? Do married couples living together have the same inheritance rights?
These questions are repeated in legal research, inheritance, and even online searches. This memo aims to resolve those uncertainties.
Revenue and your products: the first big difference
The law requires that you take proactive steps before initiating an inheritance. This means that the marital partnership must be liquidated. There seems to be an important difference.
community property
- These were acquired during the marriage, regardless of who paid for it or whose name it was in.
- These include real estate, cars, salaries, income, investment results, etc.
own assets
- These are things that each of them had before marriage.
- Also, those received through inheritance or gifts.
Core data: Half of the community property automatically goes to the surviving spouse. That part is not inherited; it already belongs to you by law. What goes into the inheritance is the remaining half, that is, the portion corresponding to the deceased.
How much is the couple’s inherited property actually worth?
Once half of a spouse’s property is divided, the inheritance process begins, and the remaining half of the property and all of the deceased’s assets are distributed between the spouses. Forced heir.
The law provides the following order:
- descendant (child)
- ancestors (parents)
- spouse
How is it distributed?
If there are children, the spouse inherits equally with the children. example:
- If you have two childrenThe estate of the deceased is divided into three equal parts.
- If you don’t have childrenHowever, in the case of parents, the spouse receives it. 50% The remaining half is then distributed to ascendants.
- If there are no children or parentsSpouses inherit everything.
In addition, the law allows spouses to accept inheritances with the benefit of inventory. This eliminates the need to return personal assets if the deceased owed money.
the right to continue living in the home
Argentina’s regulations particularly protect family housing. If the property was in the deceased’s name or was part of an estate, the spouse A real right to residence.
In short: You can stay there for the rest of your life rent-free.unless they remarry or form a newly registered cohabitation union. This right is independent of ownership of real estate.
What if they were a couple but not married?
- Common mistakes: We believe that cohabitation confers the right to inheritance.
- reality: Cohabiting couples are not legally entitled to inheritance.
Although they are entitled to other protections (such as financial compensation and continued use of housing if there is a cohabitation association agreement or registration), They have no automatic right to inherit.
If the deceased wishes to leave assets to their cohabiting partner, they must do so by making a will or by transferring the available portion of the estate (the law prohibits forced heirs from affecting the intended portion).
What lawyers recommend to avoid disputes
- As soon as inheritance begins, make an inventory of your assets and distinguish between joint property and property.
- If you are a cohabiting couple, keep a written agreement.
- If you have assets that cannot be divided (such as a house), please seek professional advice.
- If you have any doubts about the deceased’s debts, request inventory benefits.
Inheritance and marriage: What many people realize until it’s too late
In Argentina, a couple – if they are married – Rather than receiving an inheritance out of “love,” However, this is by legal order. spouse is always protected: You can keep half of your marital assets and inherit the remaining portion. The law also guarantees the right to continue living in the family home.
On the other hand, living together does not give you rights. inheritance: The only way to protect cohabiting couples is to plan and record their wills. of inheritance This is more than just a legal process. It is also an emotional process experienced in moments of vulnerability. Knowing these rules allows you to proceed with inheritance more clearly and with less uncertainty.
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