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How to implement the right to inheritance the Civil wife

Marriage is better to register

Russian law does not recognize civil marriage.

Cohabitation may lead to the fact that all the money gained on the overall property may depart inherited strangers.


Civil marriage, as such, not the lawprovided. It is called the union of those who live together and maintain a common household without going to the registry office. People live together, buy property, give birth and raise their children, without thinking about the future and the legal consequences of such cohabitation.
The problems arise when one spouse dies suddenly.

Who is entitled to receive an inheritance

According to the law, applicants forinheritance in the first place are: the spouse of the deceased, his parents and children. Boyfriend spouse is not, therefore, in the common law husband or wife will not be subject to the Civil Code of Russia in terms of inheritance by law. This means that a person who has lived with the dead, perhaps for decades, can all lose.
Well, if the children were born in a civil marriage. Part of the property they can get. The rest can get all the other relatives who have the first right under the law of succession.

Inheritance by will

If you and your spouse live incivil marriage and not going to the registrar, for the realization of the right to inheritance is best to issue a testament to each other. It is important to keep in mind one important detail: a compulsory share of inheritance.
It relies a disabled heir,is dependent on the deceased and living together with him on the day of his death. Disability, by law, are considered minors, senior citizens, disabled citizens, recognized incapacitated, etc. Such persons shall have the right to receive an obligatory share, regardless of whether it was written a will or not.

To refuse a compulsory share in the inheritance law does not allow.

Are there chances roommate to inheritance

Except with the will, the civilian spousecan try to get an inheritance by applying to the court for recognition of the joint property and its section in the nature of the acquired property. This question is difficult, require conclusive evidence that the civilian spouses were common household and acquired the disputed property to public money.

Testimony will not be enough. It will take a written confirmation that the husband and wife have a mutual right to property.

Similar claims have in the jurisprudence, but rather an exception to the rule.
Prior to July 8, 1944 Institute of civil marriagesIt was officially recognized by the state. At the time, many were married life without painting, and besides, church marriages were common. If a husband and wife began to live together until that date, then a court can recognize the fact of their marriage relationship and get their share of the inheritance.
Other options for obtaining the property in orderinheritance after the civil marriage is not. We can only advise the couple to marry, or to issue a testament to register the property in equal shares each.

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