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How to realize the right to inheritance of a civil wife

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Russian law does not recognize a civil marriage.

Cohabitation can lead to the fact that all the property acquired for common money can be inherited by strangers.


Civil marriage as such, the law does notIs provided. This is the name of the union of those who live together and lead a common economy without going to the registry office. People live together, buy property, give birth and bring up children, without thinking about the future and legal consequences of such cohabitation.
Problems begin when one of the spouses suddenly dies.

Who has the right to receive an inheritance

In accordance with the law, applicants forInheritance, in the first place are: the spouse of the deceased, his parents and children. The cohabitant is not a spouse, therefore, the civil code of the Russian Civil Code regarding inheritance by law will not be extended to a civil husband or wife. And this means that a person who has lived with a deceased person, perhaps for several decades, may lose everything.
Well, if a civil marriage gave birth to children. Part of the property they can get. The rest can go to other relatives who have the primary right to inherit by law.

Inheritance by will

If you and your second half live inCivil marriage and are not going to the registrar, then to implement the right to inherit the best way to make a will for each other. It is extremely important to keep in mind one important detail: an obligatory share of the inheritance.
She is supposed to be an incapacitated heir,Who was a dependent of the deceased and lived with him on the day of his death. Disabled, by force of law, are minors, pensioners, invalids, citizens recognized as incompetent, etc. The said persons are entitled to receive an obligatory share regardless of whether the will was written or not.

The law does not allow to refuse from the obligatory share in the inheritance.

If the chances of the cohabitant to receive an inheritance

In addition to cases with a will, the civilian spouseCan try to get the inheritance by applying to the court with a statement on the recognition of the acquired property as joint property and its division in kind. This question is not easy, it will require unquestionable evidence that the civil spouses were leading a common economy and acquired the disputed property for common money.

Witness testimony will not be enough. It will require written confirmation that the husband and wife have a mutual right to property.

Similar suits are in the judicial practice, but they are, rather, an exception to the rules.
Until July 8, 1944 the institution of civil marriagesWas officially recognized by the state. In those days, many led a family life without painting, and in addition, church marriages were common. If the husband and wife began to live together until that date, then through the court can recognize the fact of finding them in a marriage relationship and get their share in the inheritance.
Other options for obtaining property in the orderInheritance after a civil marriage there. It remains only to advise spouses to marry, to register a will or to register property in equal shares for each.

How to realize the right to inheritance of a civil wife Was last modified: May 21st, 2017 By Sexzeilt
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