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BGB 1499 In the partitioning , the surviving spouse bears the following : the marital property obligations for which he was responsible at the beginning of the continued community of property for which the marital property was not liable or which he bore as between the spouses ; the marital property obligations that arise after the beginning of the continued community of property which , if they had arisen as personal expenses of his during the period of marital community of property , would have fallen on him as between the spouses ; an advancement which he promised or granted to a descendant entitled to a share in excess of the amount corresponding to the marital property or which he promised or granted to a descendant not entitled to a share .
BGB 1500. 1 The descendants entitled to a share must allow obligations of the deceased spouse which the latter bore as between the spouses to be set off against their share when the partitioning is carried out to the extent that the surviving spouse has not been able to obtain repayment from the heir of the deceased spouse .