Household contents in Catalonia: what does the surviving spouse get?

When someone dies, people tend to think about the heirs and how the assets will be shared out. However, the Catalan Civil Code also protects the surviving spouse or stable partner through the right to the household contents of the family home, known in Catalan law as the parament de la llar or the widow’s preferential right (predetracció vidual).

Household contents under the Catalan Civil Code

The household contents include the clothing and furniture of the marital home, together with the utensils intended for everyday use. Under Article 231-30 of the Catalan Civil Code, these belong to the surviving spouse.

Importantly, they do not count towards the survivor’s share of the inheritance. In other words, their value is not deducted from what the survivor inherits: it is a separate right granted directly by law.

Some requirements must be met for this right to apply:

• In a marriage: the spouses must not be separated, either legally or de facto.
• In a stable partnership: the conditions of Catalan law must be met — for example, having lived together for more than two years or having a child together. Formalising the partnership in a public deed is also accepted.

The right applies both when there is a will and when there is not, and the survivor does not need to have been appointed as an heir.

What is excluded from the household contents?

Not everything in the home counts as household contents. The law expressly excludes jewellery and works of art, as well as items of extraordinary value.

Whether something is of extraordinary value depends on the couple’s standard of living and on the size of the deceased’s estate.

Furniture that came from the deceased’s family is also excluded if the deceased left it to other people. That is why each case needs to be looked at carefully, to establish which items belong to the surviving partner and which form part of the estate.

The right to the household contents in stable partnerships

This right is not limited to married couples. When a member of a stable partnership dies, the law applies in the same way: the Catalan Civil Code grants the family rights of the surviving partner, who therefore also keeps the contents of the home.

In short, the predetracció vidual allows the survivor to keep the everyday contents of the home without their value being deducted from the inheritance. Where there are items of extraordinary value or family heirlooms, however, a more detailed analysis will be needed.