(1) The surviving spouse is entitled to assume the common matrimonial property or individual objects that are part of it in return for compensation of the value. The right does not devolve to the heir.
(2) If the continued community of property, on the basis of section 1495, is set aside by judicial decision, the surviving spouse does not have the right set out in subsection (1). In this case, the descendants entitled to a share may assume those objects, in return for compensation of the value, that the deceased spouse would be entitled to assume under section 1477 (2). The right may be exercised by them only jointly.