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=S=> BGB 1492. 1 The surviving spouse may terminate the continued community of property at any time . The termination is made by declaration to the court with jurisdiction over the estate of the deceased spouse ; the declaration must be made in notarially certified form . The probate court should notify the descendants entitled to a share and , if the surviving spouse is the legal representative of one of the descendants , the family court of the declaration ; if custodianship exists , the approval of the custodianship court is necessary .
=S=> BGB 1492. 2 The termination may also be effected by contract between the surviving spouse and the descendants entitled to a share . The contract must be notarially recorded .
=S=> BGB 1492. 3 If the surviving spouse is under parental custody or under guardianship , the approval of the family court is necessary for the termination . In the event of termination by the custodian of the surviving spouse , the approval of the custodianship court is necessary .
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