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Book 4 · Family law  ›  Subchapter 5 · Continued community of property › Section 1493

Remarriage or establishment of a life partnership by the surviving spouse

(1) The continued community of property ends when the surviving spouse remarries or establishes a life partnership.

(2) The surviving spouse is to notify the family court, if a descendant entitled to a share is minor, of their intention to remarry, submit a list of the common matrimonial property, terminate the community of property and bring about the partitioning. The family court may permit the community of property not to be terminated until conclusion of marriage and the partitioning not to take place until a later date. Sentences 1 and 2 also apply if care for the assets of a descendant entitled to a share is part of the scope of functions of a custodian; in this case, the custodianship court replaces the family court.

(3) The registry of births, deaths and marriages with which the intention to conclude the marriage has been filed notifies the family court of the filing.

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