If the legal separation of property applies during the marriage, it also continues upon the death of one spouse. The surviving spouse is entitled to the statutory share in the estate and to the statutory legacy in advance, the latter of which covers the household effects and the right to continue living in the marital home (§ 758 ABGB).
If the spouses had agreed on a community of property inter vivos, existing debts are first deducted from the community property and this is then divided according to the agreed proportion or, in case of doubt, by halves. The surviving spouse receives one half, while the other half goes into the estate of the deceased spouse.
The consequences of the death of a spouse in case of a community of property in the event of death are presented under 3.1.

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