Even when a person has married for Separation of Propertyis entitled to 50 percent of the value of everything acquired during the marriage if he devoted himself predominantly to housework or childcare, determined the First Chamber of the Supreme Court of Justice of the Nation (SCJN).
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This figure is known ascompensation for the spouse” and is established in the Civil Code of Mexico City.
The matter came to Court because a woman claimed compensation after her husband died and did not include it in her will. The judges suggested that she claim alimony, but she did not agree.
The ministers agreed that the figure of compensation for spouse It must be interpreted broadly, so that equality between spouses can be established.
They argued that what is established in the wills cannot be limited to alimony and pointed out that this interpretation of the figure of compensation, in cases of inheritance, does not affect the rights of other heirs since once the widow is compensated, it will be done. the delivery of the rest of the goods.
With information from Jessica Murillo