4(1)When a spouse dies, the surviving spouse, on application to the Court, is entitled as against the estate of the deceased spouse to have the marital property divided in equal shares; and in any division of marital property the Court shall, if the applicant so applies, order the deceased spouse’s interest in the marital home and such household goods as may be regarded as necessary to the use and enjoyment of the marital home to vest in the surviving spouse unless, taking into account the considerations set out in section 7 and any claim another person might have to the property, the Court considers that another order would be the fair and equitable order in the circumstances.