Rights of the surviving spouse in Spain

The rights of the surviving spouse are governed by Spanish civil law and must be analysed in light of the matrimonial regime and any testamentary provisions.

Rights of the surviving spouse in Spain
Matrimonial regimes and family law

Sènakpon Gbassi

May 14, 2025

Civil rights

Where descendants exist, the surviving spouse generally benefits from a right of usufruct.

Distinction from tax matters

The civil rights recognised do not exempt the surviving spouse from the tax obligations applicable in Spain.

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