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Book 4 · Family law  ›  Subchapter 5 · Continued community of property › Section 1495

Petition of a descendant for termination

A descendant entitled to a share may file a petition, against the surviving spouse, for the termination of the continued community of property

1.  if their future rights may be substantially endangered by the fact that the other spouse is incapable of managing the common matrimonial property or abuses their right to manage the common matrimonial property,

2.  if the surviving spouse has breached their duty to grant maintenance to the descendant and there is the concern that the maintenance will be significantly endangered in the future

3.  if the management of the common matrimonial property falls under the scope of functions of the surviving spouse’s custodian,

4.  if the surviving spouse has forfeited parental custody for the descendant or, if they had been entitled to it, would have forfeited it.

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