BETWEEN MARRIAGE and INHERITANCE: the DISSOLUTION of MATRIMONIAL Property REGIME: A Normative Law Analysis Surviving Spouse under Congolese Positive

This paper aims to present the legal process by which the assets and debts of spouses are divided following the dissolution of their marriage, in accordance with established rules and those in force in our country, as stipulated in the Family Code. That said, the division of property is nothing more than a stage in which the matrimonial property regime-or, more accurately, the conjugal property regime-is terminated in order to divide or distribute assets between the spouses. It involves the valuation, allocation, and division of the couple's assets and debts according to the property regime adopted at the time of marriage.Since death is inevitable for everyone who is still alive, the ensuing probate process-as a means of transferring a person's estate to their heirs and other beneficiaries-must be preceded by the liquidation of their matrimonial property regime if the person was married.However, given the emotional turmoil surrounding the painful event of death, the settlement of the estate deserves to be approached with seriousness-especially for those who were married-since it is their assets that are at stake.