The division of joint property may also take place after the death of one or both of the spouses. The main difference with the situation when both spouses are alive is that the deceased spouse is replaced by heirs.

However, the rights of heirs are somewhat limited. According to art. 43 § 2 cryo heirs may demand the establishment of unequal shares in the joint property only if the testator has brought an action for annulment of the marriage or divorce or has applied for a separation decision.

It should be remembered that the division of the estate is admissible either together with the division of joint property or only after such division (resolution of the Supreme Court of March 2, 1972 (reference number III CZP 100/71).