• Onlymarried individuals have the right to sit in an undivided estate. A cohabiting partner never has the right to sit in an undivided estate.

• If a married couple has made a prenuptial agreement and the assets of the deceased are separate property, it must be stated in the prenuptial agreement that they will become marital property upon the death of one spouse for the district commissioner to grant a residence permit. Permission is not granted if the spouse is bankrupt.

• If a spouse is deprived of legal capacity, the approval of the district commissioner is required for permission to remain in an undivided estate.

Further information on the residence in a joint estate can be found here.