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Emergency

The spouse's preferential share: household items in the inheritance

When a spouse dies, the surviving spouse is often entitled, in addition to the share of the inheritance, to a special claim: the so-called preferential share. It covers the household items and, depending on the position among the heirs, also wedding gifts. This way the surviving spouse keeps the familiar household goods.

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As a preferential share, the surviving spouse is entitled to the items belonging to the marital household and the wedding gifts, in addition to the share of the inheritance (§ 1932 BGB). Alongside relatives of the first order, this applies insofar as the spouse needs them to run an appropriate household.
The preferential share protects the surviving spouse from the familiar household goods passing to other heirs in the course of the division of the inheritance. It is added to the actual share of the inheritance.

What you should do now

  1. 1

    1. Clarify the position among the heirs

    Check with which relatives you inherit as a spouse.

  2. 2

    2. Determine the household goods

    Establish which items belong to the marital household.

  3. 3

    3. Assert the preferential share

    Assert the preferential share against the co-heirs.

  4. 4

    4. Document in case of dispute

    Secure evidence of the existence and belonging of the items.

How to spot the scam

  • The preferential share is overlooked in the division of the inheritance.
  • Household items are hastily distributed among the heirs.
  • The position among the heirs is misjudged.

Frequently asked questions

What is the spouse's preferential share?

An additional claim of the surviving spouse to the household items and the wedding gifts, which exists alongside the share of the inheritance (§ 1932 BGB). This way the spouse keeps the familiar household goods.

Do I always get the preferential share?

That depends on with whom you inherit. Alongside relatives of the first order (children), the spouse only receives the preferential share insofar as they need the items to run an appropriate household. Alongside more distant relatives, the spouse is entitled to the preferential share without restriction.

Does the car belong to the preferential share?

It depends on whether the item served the shared household. Typical household items are furniture, household goods, and furnishings. A vehicle can belong to it if it was counted as part of the household; this must be assessed in the individual case.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.