Legality question

[swampman46]

Originally Posted by brooks05

Yes and no. If one spouse dies intestate then the property is legally divided 1/2 to children 1/2 to surviving spouse. However the surviving spouse retains usufruct of the community property assets until the survivg spouse dies or remarries. The children are the naked owners of1/2 the estate but the surviving spouse retains usufruct of it. Of course this is changed and can be divided however the decedant wabts with a will

Not sure what "retaining usufruct" means, sorry. OK I got it-the right of the surviving spouse to live in/on home and property. But my point is, other than being allowed to live in the home and propertry, and retaining 1/2 of the estate, does the surviving spouse also get a portion equal to what the children are entitled to, in their 1/2? Previous responses said no. Just want to be clear.Thanks.