3. Can a surviving spouse acquire the matrimonial property
If the intestate leaves a flat in which the surviving spouse was residing at the time of the intestate’s death, the surviving spouse has the right to ask for that flat (commonly called matrimonial property) to be given to him/her in satisfaction of his/her share under intestacy. If the matrimonial property is worth more than his/her share under intestacy, he/she may pay the shortfall to the estate in return for the whole of the matrimonial property. The surviving spouse can make this request in writing to the personal representative within 12 months after the first taking out of representation.
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