Yes, like any married couple or UMH, the surviving partner can participate in the succession of his or her spouse, partner or life partner. The quality of heir or heiress will depend on whether or not the deceased made a will and whether or not there are forced heirs (sons, daughters, mothers or fathers). Likewise, the percentage that may correspond to you in the assets of the succession will vary according to the heirs that exist in the will. The possibility of permanent partners inheriting was only recognised until 2012 by the Constitutional Court in judgment C-238 of 2012.
Note: the succession does not affect the right to 50% held in the assets and debts that make up the marital (marriage) or patrimonial (UMH) partnership. Before defining the assets that are part of the succession, the property partnership must be liquidated and only the 50% corresponding to the deceased will enter the succession. Please note that in the case of permanent partners it is necessary that the UMH has been declared in order to be able to participate in the succession. If this has not been done, the surviving partner has one year from the death of the partner to initiate the actions for the declaration of the UMH and the liquidation of the patrimonial partnership. If the year has already elapsed since the death of the partner, the surviving partner can no longer claim his or her entitlement to the 50% of the property partnership, but can participate in the succession as heir or as surviving partner.












