Upon the death of one spouse, the marriage is automatically dissolved. As a result, in addition to the inheritance rights, the surviving spouse acquires a claim for participation in the acquisitions (i.e., property gains) of the deceased spouse, as provided for in Articles 1400 et seq. of the Greek Civil Code.
Specifically, Article 1400 of the Civil Code grants each spouse the right to claim a share of the increase in the other spouse’s property, to the extent that they contributed to that increase. There is a legal presumption that such contribution amounts to one-third (1/3) of the increase, while the claimant bears the burden of proof if they assert a higher percentage of contribution. This right arises upon the dissolution of the marriage, regardless of the cause, including the death of one of the spouses.
A legal question arises regarding the relationship between this claim and the inheritance rights of the surviving spouse over the estate of the deceased.
Firstly, if the surviving spouse inherits from the deceased—either under a will or intestate succession—the estate devolves to them from the time of death, regardless of when the inheritance is formally accepted. From that moment, the surviving spouse acquires a real (in rem) right over the inherited property, to the extent determined either by the testator’s will or by statutory law. They are, however, required to register the acceptance of the inheritance or the probate certificate at the competent Land Registry (Υποθηκοφυλακείο).
By contrast, the claim for participation in the acquisitions is a claim under the law of obligations (personal claim). This means that the surviving spouse is treated similarly to a creditor of the deceased’s estate. In other words, this claim is regarded as a “burden” on the estate, and all heirs are liable for its satisfaction toward the surviving spouse, proportionally to their respective shares in the inheritance.
Naturally, in the common situation where the surviving spouse is also one of the heirs, the obligation is extinguished with respect to their own share, since they simultaneously hold the position of both debtor and creditor. However, the shares of the other heirs remain unaffected, and they continue to be liable in proportion to their inheritance share.
It becomes clear, therefore, that the claim for participation in the acquisitions is a personal (obligatory) right that may be enforced against the other heirs, and it exists independently of any inheritance rights the surviving spouse may have over the deceased’s estate.
