Validity Testament if there is still a common property in perspective Positive Law

Andini, Wenny Prasetya (2020) Validity Testament if there is still a common property in perspective Positive Law. Undergraduate thesis, Untag 1945 Surabaya.

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Abstract

In married life, it does not rule out the possibility of various problems in a person's married life which then lead to divorce. When a person is divorced, they can sue for joint property where the assets are assets obtained during the marriage (Article 35 of the Marriage Law). Next. based on Article 126 of the Criminal Code one of the causes of the dissolution of shared assets is divorce and afterwards shared assets must be divided between the two parties. But what if joint assets are used as inheritance in the form of testament. The question is how valid the testament is. In the arrangement of shared assets in BW there is only a prohibition of a husband / wife to give a will to others without mutual agreement (article 140 BW). In this case, of course, a will and a will are two different things. Then whether a husband or wife can demand shared assets in the testament? Based on Article 38 of Law No. 1 of 1974 concerning Marriage, marriage becomes a termination due to death, divorce and court decision. From the explanation of article 126 BW it can be seen that divorce (both life and death) and death are one reason for the dissolution of shared assets after which the assets must be divided 2. That is, after a divorce, both divorced life and divorce of shared property must still be divided into two i.e. each ½ part. Then, if one of the husband and wife died, he could only give ½ his inheritance to the heirs. ½ the remaining portion is the right of one of the longestliving, the right to shared property.

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