How Do Children Inherit When Their Parents Divorce?

Divorce results not only in the dissolution of marriage as a union between spouses but also in the termination of the community property regime. The spouses become ordinary co-owners, and the divorce — whether by mutual consent or through court proceedings — requires the division of all property acquired during the marriage.

Subject to division, whether within the divorce proceedings or in a separate case, is any movable or immovable property acquired during the marriage. It is irrelevant in whose name the property was registered. The law presumes that even if only one spouse took part in the transaction, the other contributed through personal effort — such as childcare, household management, and family care.

Therefore, all property acquired during the marriage is considered joint marital property, regardless of who earned the income. Upon divorce, it must be divided — either by allocating specific assets to each spouse or by selling them and dividing the proceeds.

However, this change in ownership does not affect the children’s right to inherit from either parent. They remain legal heirs of both parents, regardless of the divorce. The dissolution of the marriage does not modify the general provisions of the Inheritance Act or the rules of succession.

Thus, concerns — often expressed by mothers — about securing the children’s inheritance after divorce are unfounded. The children retain their full inheritance rights from both parents.

This article does not constitute legal advice. For legal assistance with inheritance or family matters, please consult a lawyer specializing in civil, family, and inheritance law.