Civil marriage and inheritance. What can a wife claim after the death of her husband?

Family law > Civil marriage > Can a common-law wife claim her husband’s inheritance?

In the modern world, not all couples are in a hurry to officially register their marriage. Such relationships are usually called civil marriage.

The woman in this union is called a common-law wife, and officially a cohabitant.

In such families, spouses manage a common household, give birth to children, and can live wonderfully and happily as long as everyone is alive and well.

But different things happen in life, and when a spouse dies, the question arises whether a common-law wife has the right to inherit after the death of her husband.

Since, in accordance with the law, common-law spouses do not have any obligations towards each other.

The Russian Civil Code states that according to the law there is a sequence of inheritance . Queues are formed according to the applicants' affiliation with the deceased and the degree of relationship with him.

But a common-law wife or husband is not mentioned anywhere, therefore the rights of spouses when inheriting in a civil marriage are not provided for in law.

This means that a common-law wife who lived with her husband for a long time and ran a joint household with him cannot claim an inheritance after the death of her partner.

But there are some exceptions that should be carefully considered.

What rights does a common-law wife have after the death of her husband?

Lawyers do not use the term “civil marriage”; among legal professionals they refer to actual marital relations.

If the marriage was not registered in the registry office, then according to the law the cohabitant has no rights and cannot claim a share of the inheritance .

It is a completely different matter if a man has drawn up a will . In this case, the common-law wife can rightfully be called an heir . The question is the size of the share, and the verdict of the lawyers depends on a variety of factors, circumstances and nuances in each specific case.

that has existed for decades allows spouses to accumulate property of all kinds : business, housing, dachas, other real estate, cars, securities and much more.

Now lawyers will figure out who officially owned what, whether the deceased spouse still has heirs , what line of inheritance they belong to, etc.

Under certain circumstances, a spouse without an officially concluded union may receive everything that belonged to her beloved partner, but may be satisfied with only crumbs. But what is registered in her name, in full or in some part, will go to her.

If a formal agreement on the division of property, certified by a notary, is concluded between common-law spouses, the widow has the right to an apartment, objects, funds, shares that are specified in the agreement .

The unofficial wife, who is mentioned in the will, by rights belongs to the line in which the heirs were found.

Civil marriage inheritance after death

Advice from lawyers:

1. We live in a civil marriage, does my husband have the right to inheritance after my death?

1.1. If the sconce is not registered with the registry office, then it does not have the right.

Did the answer help you?YesNo

1.2. No, it doesn't. Your marriage is not registered. Only if you give him a share or bequeath it.

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2. Our father lived with his common-law wife for more than 30 years. We lived in her household. 9 years ago, my father bought a house, registered it in his name and said that after his death the house would remain for the children from his first marriage. What share of the inheritance does the common-law wife have? She has been retired for over 10 years.

2.1. She does not have any share in the inheritance if there is no will for her. A common-law wife is not a wife, but a cohabitant. Cohabitants do not inherit by law.

Did the answer help you?YesNo

2.2. Hello, Cohabitants inherit either by will or if they can be called upon to inherit as a disabled dependent of the testator.

Did the answer help you?YesNo

3. K. filed a claim in the Russian court to recognize the right of ownership by inheritance and to recover compensation for his share in the inherited property. In substantiating his claims, he indicated that he was married to O., who died in 2019. After O.’s death, an inheritance was opened consisting of a car, an apartment and ½ share of a land plot located in Rome. The court satisfied K's requirements based on the norms of the Civil Code of the Russian Federation. Is the court's decision lawful? Justify your answer.

3.1. Tanya, problems are solved for a fee.

Did the answer help you?YesNo

4. K. filed a claim in the Russian court to recognize the right of ownership by inheritance and to recover compensation for his share in the inherited property. In substantiating his claims, he indicated that he was married to O., who died in 2019. After O.’s death, an inheritance was opened consisting of a car, an apartment and ½ share of a land plot located in Rome. The court satisfied K's requirements based on the norms of the Civil Code of the Russian Federation. Is the court's decision lawful? Justify your answer.

4.1. Tanya, problems are solved for a fee.

Did the answer help you?YesNo

5. K. filed a claim in the Russian court to recognize the right of ownership by inheritance and to recover compensation for his share in the inherited property. In substantiating his claims, he indicated that he was married to O., who died in 2019. After O.’s death, an inheritance was opened consisting of a car, an apartment and ½ share of a land plot located in Rome. The court satisfied K's requirements based on the norms of the Civil Code of the Russian Federation. Is the court's decision lawful? Justify your answer.

5.1. Tatyana, solving problems for students on this resource is free! Better yet, solve it yourself, you are a future lawyer, won’t you be ashamed of yourself?

Did the answer help you?YesNo

5.2. If a dispute arises about the rights to inherited property, which includes several real estate objects located in the jurisdiction of various district courts, as well as about the division of such property, a claim in relation to all these objects can be brought at the location of one of them at the place of opening of the inheritance . If the real estate objects are not located at the place of opening of the inheritance, the claim is filed at the location of any of them.

Did the answer help you?YesNo

6. The apartment was purchased in a civil marriage in equal shares after the death of one owner, after 5 years the granddaughter wants to enter into an inheritance or write a waiver in favor of the second owner. Can the owner register a second share in the property if the granddaughter and his relatives do not live in this place.

6.1. A refusal of inheritance can be filed only within 6 months from the date of death of the testator (Article 1157 of the Civil Code of the Russian Federation).

Did the answer help you?YesNo

6.2. Good afternoon 1) the deadline for accepting an inheritance is 6 months, it is apparently missed if the inheritance was not accepted. 2) Refusal in favor of persons who are not heirs is not permitted. As far as is clear from the wording, the second owner is not an heir. Accordingly, the granddaughter first needs to restore the right to accept the inheritance, since the deadline has been missed. Then register the property. After this, you can alienate (donate or sell). 3) The transaction can be completed through a representative by proxy. Civil Code of the Russian Federation Article 1158. 1. The heir has the right to refuse the inheritance in favor of other persons from among the heirs by will or heirs by law

any order, regardless of the call to inheritance, not deprived of inheritance (clause 1 of Article 1119), as well as in favor of those called to inherit by right of representation (Article 1146) or by way of hereditary transmission (Article 1156).

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7. In our village we have a house in common shared ownership for 3 people (mother, son, niece), 1/3 for each. The niece is not registered there and does not live there (she received a share as an inheritance after the death of her father). The son lives in a civil marriage with a woman who has a 10-year-old child. Is the niece's consent required for their residence?

7.1. Yes, it is necessary, because the woman’s wife is not a family member.

Did the answer help you?YesNo

7.2. Registration is possible with the consent of all homeowners. You have common property. - see art. 246 of the Civil Code of the Russian Federation.

Did the answer help you?YesNo

8. Father died. He didn’t tell his son that he got married 9 years ago. The stepmother had an apartment before marriage, but bought it in a civil marriage with her father. My father inherited a cooperative apartment from his grandmother before marriage. The rest is unknown, since the stepmother holds all the documents. How can a notary (an acquaintance of the stepmother) divide the inheritance after the death of the father, what will go to the son and what to the stepmother. What options?

8.1. Good afternoon Premarital apartments are the personal property of the spouses. One apartment is shared - it belongs to the father. If there is no will, it is divided equally between the first-degree heirs (children, parents, spouse of the deceased). If in this case there are two heirs (stepmother and son), the son will receive 1/2 share of the apartment belonging to the father.

Did the answer help you?YesNo

8.2. Hello! I’ll say right away: All property acquired during marriage is divided 1/2. That is, half of the joint property belongs to the stepmother. And then the options begin. If the stepmother is a pensioner or disabled, then she has the right to an obligatory share in the inheritance, even if there is a will. In each specific case there are nuances. This is to a notary or lawyer, but with documents...

Did the answer help you?YesNo

9. Do I have rights to a share of the inheritance after the death of my common-law husband? We lived together for two years, he did not work. The first marriage was dissolved, but there is a minor son of ten years old. His apartment has been privatized. He wanted to leave everything to me, but the will was not drawn up.

9.1. Tatyana, if you prove that you were dependent on him, you can claim a share. Although, based on the fact that he didn’t work, he didn’t support you. And you don't have the right.

Did the answer help you?YesNo

10. My common-law husband died. There are two children left. He also has a child from his first marriage to whom alimony was not paid. After his death, the bailiffs arrested the husband’s house in favor of that child. My children cannot inherit. Can you do anything or the bailiffs will sell the house to benefit of the first child?

10.1. Good afternoon To accept an inheritance, you need to contact a notary with a corresponding application. The decision of the bailiffs can be challenged in administrative proceedings.

Did the answer help you?YesNo

11. I have a question? Can a mother refuse the inheritance of her son left after the death in favor of a woman who lived with her son but was not married to him? That is, a civil marriage.

11.1. Dear Alena, St. Petersburg! According to Article 1157 of the Civil Code of the Russian Federation, Part 2. The heir has the right to refuse the inheritance within the period established for accepting the inheritance (Article 1154 of the Civil Code of the Russian Federation 6 months), incl. in the case when he has already accepted the inheritance. Part 3. Refusal of inheritance cannot be subsequently changed or taken back. According to Article 1158 of the Civil Code of the Russian Federation, Part 1. The heir has the right to REFUSE the inheritance in favor of other persons from among the heirs by will or heirs by law of any order who are not disinherited, incl. in favor of those who are called to inherit by right of representation or by way of hereditary transmission. According to Article 1159 of the Civil Code of the Russian Federation, Part 1. Refusal of an inheritance is accomplished by submitting an APPLICATION FOR REJECTION OF AN INheritance to an official at the place of opening of the inheritance to a notary or authorized in accordance with the law to issue certificates of the right to inheritance. Thus, based on the above: - according to the Law, you cannot refuse the inheritance after the death of your son in favor of his partner. Good luck to you Vladimir Nikolaevich Ufa 03/09/2019

Did the answer help you?YesNo

11.2. Hello Alena, It is impossible to refuse an inheritance in favor of a cohabitant. Mom can accept the inheritance and then dispose of it in favor of this woman, for example, as a gift.

Did the answer help you?YesNo

12. My father lived in a civil marriage in her house for 24 years and ran a household. She made a will for the house in her father’s name, but he did not inherit (he died). and after her death I can be the heir.

12.1. Only if your father died after the testator (after the opening of the inheritance), you inherit by will what was intended for your father by will (hereditary transmission)

Did the answer help you?YesNo

13. A friend’s dad died. At the time of her death, her parents were officially divorced. After the divorce, dad lived with a woman in a civil marriage for twenty years. After my dad died, the house remained. The woman he lived with wants to sue for his inheritance. Can the court recognize her as an heir and her friend lose her house because she will not be able to pay her her share and the house will have to be sold. She does not have her own home and has an 11-year-old daughter. She herself is a single mother.

13.1. Hello. If there was a civil marriage (although this does not exist, this is cohabitation), then there is no jointly acquired property. The cohabitant has no right to property.

Did the answer help you?YesNo

13.2. Hello. His “common-law” wife HAS a chance to claim the house by proving that it was purchased with joint funds during their cohabitation. There is such a practice. There is a practice when a civil marriage is recognized as official. For example, in the Belgorod region. Even if the house was purchased long before he met his common-law wife, there are still chances, for example, if she proves that the house was turned from a wreck into a piece of candy using joint funds.

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14. My common-law husband died. He purchased the apartment while in a marriage, from which he has an adult daughter. 6 months have passed since his death. Does his wife have the right to refuse 1/2 of the inheritance of the apartment in favor of her daughter, or should she enter into an agreement and make a deed of gift for her daughter?

14.1. Hello, yes, his wife needs to go to the notary and renounce the inheritance in favor of her adult daughter.

Did the answer help you?YesNo

15. After the death of her ex-husband, she was left with a 3-room apartment and a debt to the bank in the amount of 1,700,000. The heirs are an adult son from her first marriage and a minor son from a civil marriage. After entering into an inheritance, how can you restructure the debt or defer the bank's debt until the apartment is sold? So, as the salary of an adult son does not allow him to pay off the debt.

15.1. Only with the consent of the bank. But you don’t have to do anything for now.., there is no court decision to collect from the heirs.. Sell, if the apartment is pledged, then decide with the bank..

Did the answer help you?YesNo

15.2. If there is no court decision to collect the debt, or the apartment is not mortgaged, then sell after accepting the inheritance and pay off the debt. There must be insurance under which the insurance company pays off the debts of the deceased. Perhaps there will be no need to sell the apartment.

Did the answer help you?YesNo

16. If a woman has lived with her husband for 16 years in a civil marriage and has a common daughter, after the death of her husband, according to the will, the wife can receive an inheritance.

16.1. If there is a will in her name, then yes. Otherwise, no.

Did the answer help you?YesNo

17. My husband and I are not officially married, I took out a mortgage not long ago, my husband promised to help pay for housing and communal services, and after his grandfather died, who still had a 2-room apartment. Apartment, house in the village, car, etc. doesn't help me with my two daughters. He even hides the date of his grandfather’s death. Is it possible through the court for his great-granddaughters to receive some share of the inheritance, so that their father (my common-law husband) does not register everything only for himself?

17.1. No! There is no concept of civil marriage in the RF IC! If the children are his, then you only have the right to demand payment of child support in accordance with Articles 81 and 83 of the RF IC for the maintenance of children voluntarily or through the court.

Did the answer help you?YesNo

18. My husband and I lived in a civil marriage for 7.5 years, after his death, his son took the car and Sberbank card. A month after my death, I transferred 8 thousand from my deceased husband’s card to my card. The son says he will inherit the property and file it with the prosecutor’s office if there were transactions on the card during this time. What will happen to me for this?

18.1. Hello! Well, of course, there is no corpus delicti here, although there are formal signs of corpus delicti. Here the maximum will be unjust enrichment on your part. When interrogated, say that you did not know that your son had inherited.

Did the answer help you?YesNo

18.2. Civil marriage is the popular name for people living together. The Family Code of the Russian Federation provides for the regime of jointly acquired property only for people who have officially registered their marriage. In your case, there is no regime for jointly acquired property; you and your “common-law husband” are legally strangers who have neither inheritance rights from each other, nor dispose of each other’s property, etc. You must prove all rights to this or that property and money according to the rules of civil law governing financial obligations and transactions, but without applying the rules of the family code. As for the issue of transferring money from the “husband’s” card, here in the event of a trial, you will need to prove that the money belonged to you, and if you cannot, then it is someone else’s money for you and your son will be right.

Did the answer help you?YesNo

19. My common-law husband died, we lived with him for 14 years, but we never got married. Everyone bought the house together. But the day after his death, my relatives began to kick me out. Do I have any legal right to part of the inheritance?

19.1. Hello! At the moment you do not have legal rights to part of the inheritance, because... the marriage is not registered. But if you file a claim in court, attract witnesses and find written evidence that everyone purchased it together, there is a chance to get some part. I recommend contacting a good lawyer in your region.

Did the answer help you?YesNo

19.2. Good afternoon In your situation, you need to go to court with a claim to recognize the ownership of the share in proportion to the funds invested in the construction of the house. The claim is filed in court at the location of the residential building. At the same time, you must submit an application for interim measures. If you have any questions or need help, please contact us.

Did the answer help you?YesNo

20. By inheritance. My grandmother lived with my grandfather for more than 50 years, 40 of them in a civil marriage. Before the civil marriage, my grandmother gave birth to my father from another man, he was raised by his grandfather from the age of 4, and my grandfather and grandmother also had a child together. First the grandmother died, 2 years later the grandfather died, after the death of the grandmother the grandfather took over the inheritance. Question: Does my father have the right to inherit property, to what extent in percentage terms and what actions and documents are necessary to formalize the inheritance?

20.1. Good afternoon Clarification is needed - why did your father not claim his rights to the inheritance after the death of his grandmother - his mother? If he renounced the inheritance in favor of his grandfather, then he now has no rights, he is not an heir after his grandfather, since his grandfather is not his relative by law, and, as I understand it, there was no adoption either. If your father did not know that your grandmother died, or there were other reasons (serious illness, long absence) that prevented the claim of rights to the inheritance, then you can try to challenge the registration of the inheritance to your grandfather after the death of your grandmother, but this must be done in court and the result is unpredictable.

Did the answer help you?YesNo

The children are entering into an inheritance; the first mother-in-law has died. They are the first in line heirs since the first spouse was alone and he died.

We live with a man in a civil marriage. We are planning to buy a house and change our place of residence.

The man lived in a civil marriage for 18 years and was not registered in the apartment. Is there a right to inheritance after the death of the owner?

If a person has lived in a civil marriage for 18 years. was not registered in the apartment. after the death of his wife has the right to inheritance? At the same time, the wife has no heirs.

I took over the inheritance after the death of my brother. The brother was in a civil marriage and had a child,

To clarify the question, the mother wrote a will for one of her sons as an inheritance

We live in a civil marriage. The husband drew up an inheritance will for his wife after his death.

After the death of the father, the mother accepted the inheritance; in fact, the house is owned by the father, and is still owned by the mother.

I live in a civil marriage. The husband, after the death of his mother, inherited the apartment.

I am registered in the apartment with my sons. From a civil marriage, but I have a wife, an official marriage, but we have not lived together for a long time.

We have been living in a civil marriage for 15 years. My husband has three children from previous marriages.

We have been living in a civil marriage for 20 years. By inheritance, after the death of the parents, he takes over the rights to a garden plot within the city,

How to obtain inheritance rights?

To obtain the right to inherit after the death of a common-law husband , you will need to prove to the court and legal heirs that the wife lived for a certain time with the deceased spouse , worked a lot and also contributed to the family budget .

This will be required to allocate some part of the deceased’s inheritance in favor of the cohabitant. The greater her personal income, her contribution, the greater her share should be .

The evidence base may include:

certificate of registration at the place of joint residence ; if there is no registration at a given address, then the housing office or house management can provide paper confirming actual residence (you may need testimony from neighbors who can confirm the fact of cohabitation);
checks, receipts, invoices and other financial papers on purchases of materials for repairs, payment of utilities, etc. , certifying the wife’s participation in the management of the common household;
testimony of neighbors in any form - personal presence in court in court or written;
certificates of income of both spouses (this will clearly show what the wife’s share is in the family budget);
any photo and video materials showing the family at different time periods that fit into the period of civil marriage, etc.

Since we are talking about jointly acquired property , which will be extremely difficult to lose, because it is the basis for the well-being of other family members and children, then the collection of evidence must be taken responsibly , without neglecting the slightest clues.

Only a court can allocate a share of the deceased’s property in favor of his wife , having studied all the circumstances of the case and the evidence provided that the family actually existed and was based on the same principles and concepts as the registered one.

A woman in an informal union must realize that the struggle for property will be serious and can sometimes last for years.

How can a common-law wife enter into an inheritance?

Any citizen of Russia has the right to dispose of his property at his own discretion. Therefore, if a man lives with a woman not in an official marriage, in order to ensure the right to inheritance of his common-law wife after the death of her common-law husband, the man can draw up a will and assign all or part of his property to his cohabitant.

It is important to take into account that in the will he must clearly indicate exactly what share of his property he bequeaths to his common-law spouse.

In the same way, a common-law partner can claim his or her spouse's inheritance. The rights of spouses in inheritance in a civil marriage arise on the basis of a will.

But it is worth taking into account that if a cohabitant has the right to inherit under a will, this does not in all cases mean that this right will be realized.

There is a possibility of the disposition being challenged by the legal heirs. If such lawsuits begin, the spouse can also defend her interests. For example, the fact that the document was drawn up in an incapacitated state cannot be the basis for declaring a will worthless. To do this, the applicant presents to the court the testimony of witnesses and certificates from a psychiatric clinic.

The heir under the will is also not prohibited from presenting to the court his evidence that confirms the testator’s legal capacity. The court decision will be made based on the totality of evidence presented by all parties.

How to write an application?

Only if there is a will, duly executed by the deceased common-law spouse, does the deceased common-law wife, who was left without the support of her beloved common-law wife, have the right to write an application for inheritance .

There is no form for such an application; it is written in free form, in compliance with the rules adopted for writing all business papers.

At the top right you should indicate in detail the name of the notary institution , its address, below - full name, registration address, including postal code and contact numbers.

The text part should describe data about the deceased - his full name, year of birth, place of registration in the last period of life, date of death. Next - the full name of the cohabitant, indicate your status - common-law spouse, information about the place of residence.

Below you will need to describe the inherited property or part of it , the correct name and address of its location, data on the value. Below indicate the date, full name with transcript, signature.

Documents for the application

Documents can be attached to the application immediately, or a little later. You will need:

death certificate;
an extract from the house register about the last place of residence of the deceased;
documents for the property mentioned in the will and due to the cohabitant.

The notary can clarify and, depending on the situation, expand the list of required papers.

Does a common-law wife have the right to inherit from her de facto spouse?

True, given that the queue will be the very last, there is practically no chance of actually inheriting property in a civil marriage - unless there are no other applicants at all or they renounce their rights.

It is extremely important to remember this. Nowadays, there are more and more situations where a woman and a man create real families, but do not formalize an official relationship. It is possible that one day the creators of laws will pay attention to this and begin fixing the rights of de facto spouses. In the meantime, you will have to fight for the right of common-law spouses to inherit.

22 Aug 2020 etolaw 202

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What can prevent you from receiving an inheritance?

Interference may come in the form of in-laws . The legal heirs may not be satisfied with the piece of inheritance left after the will (in favor of the cohabitant) and try to challenge the will in court.

The position of a woman will be especially precarious if among the heirs are :

children under the age of majority;
elderly relatives;
disabled people (degree of relationship does not matter).

Next, the court will decide who will get what part of the wealth accumulated by the testator .

We recommend reading the article about the rights of father and child in a civil marriage. This will undoubtedly help you stock up on additional arguments in defending your right to inheritance.

Problems that occur when inheriting property

In judicial practice, there are rarely cases when applicants for an inheritance resolve the issue without unnecessary emotions. The situation is aggravated by the will written in favor of the common-law wife of the deceased.

The applicants representing the first priority can challenge the inheritance agreement or sue a large part of the property for themselves. A firm position supported by evidence and a good lawyer can help the wife of the deceased.

Problems with obtaining an inheritance from a common-law wife may arise for other reasons:

the testator had minor children from another woman;
the deceased is survived by elderly close relatives;
there are disabled people in the family (the degree of relationship is not particularly important).

Can a common-law wife claim property?

The order of succession, in accordance with Art. 1142-1145 of the Civil Code of the Russian Federation, does not imply participation in the division of the testator's property by his cohabitant, so the answer is no, it does not fall under inheritance according to the law.

Although there is still a loophole in the law, if recently before the death of the spouse the spouse was unable to work. The period of incapacity for work must last at least 1 year; if there is documentary evidence that the deceased cohabitant supported the sick spouse during this period, she is included in the list of legal heirs .

But the turn of the common-law wife, whose rights are specified in the will, is not pushed back. It is equal to the queue in which the heirs were found.

The basic rule is “No legal marriage – no inheritance!?”

In the articles of the Civil Code of the Russian Federation devoted to succession lines, there is no mention of common-law wives and husbands.
The first stage (Article 1142 of the Civil Code of the Russian Federation) includes legal spouses, i.e. those who entered into an alliance in the registry office. And cohabitants are not included in this category. Therefore, the rule really is this: if you didn’t get married, it means you won’t be able to inherit according to the general rules. What does it mean? The property will not be divided equally between the parents of the deceased, his children and his common-law wife. No, if she does not prove her investments, she will simply be excluded from the list of heirs. The only real chance is the will of the common-law spouse.

Cases from judicial practice

Judicial practice is rich in property disputes that arise between the heirs of a deceased person and his common-law wife. How will the issue of inheritance be resolved if the unofficial marriage lasted more than 30 years , and what will happen to the property of the deceased spouse.

Family law determines that property acquired by a husband and wife during marriage is their joint property. This applies not only to real estate and cars, but also to cash deposits, securities, shares and other property.

Common property can be claimed not only by the spouse who worked and contributed to the family budget, but also by the one who ran the household and cared for children or did not have a permanent income for other reasons.

At the same time, the Family Code defines what is recognized as marriage - this is a union that is concluded in the registry office. No matter in whose name the property purchased during marriage is recorded, two spouses have the right to it. The Constitutional Court of the Russian Federation noted that marriage relations are regulated by the state, but it does not recognize civil marriage at the legislative level.

Taking this into account, no matter how many years a couple lives together, if their marriage is not officially registered, the property will not be considered jointly acquired. In this regard, the division of such property in equal parts between spouses is not provided.

To avoid problems, it is better to immediately register the acquired property in the name of both spouses or agree on a division based on the level of personal participation of each person in the acquisition. A simple way to resolve this issue is to conclude a special agreement, which will determine who owns what property.

If a dispute arises about the division of property between common-law spouses, it will be resolved not under Article 38 of the Family Code, but in accordance with the provisions of Art. 252 of the Russian Civil Code, which determines how property that is in shared ownership will be divided.

Judicial practice shows that common-law spouses often have the opportunity to claim jointly acquired property.

To do this in court you need to prove:

cohabitation of a man and a woman;
their joint farming;
the fact that cohabitants considered property to be common and did not share it;
participation of both common-law spouses in the acquisition of property by providing a certain amount of money.

When it is not possible to establish who and how much invested in the purchase, the judicial authority most often rejects the claims or, in accordance with Art. 245 of the Civil Code determines that the shares of participants are equal.

Article 1142 of the Russian Civil Code determines that spouses have the right to claim inheritance in the first place, along with the parents and children of the deceased. However, this does not apply to unofficial spouses, since the husband and wife acquire rights and obligations in relation to their other half only from the moment of state registration of the marriage.

Preparing a will will help resolve the situation. Article 1119 of the Civil Code establishes that the testator has the right to decide for himself how he wants to dispose of his property. This document will have legal force only if the testator drew it up personally and was in full legal capacity. The document is expected to be in written form and notarized.

Article 1119. Freedom of will

What the law says

There are two ways to distribute property after the death of a person - by will or by law. Inheritance by law is described in Articles 1142-1145, 1148 of the Russian Civil Code. There are eight lines of inheritance and not one of them contains a direct indication of the possibility of a common-law wife to lay claim to the property of her deceased husband.

Article 1143. Heirs of the second stage
Article 1144. Heirs of the third stage
Article 1145. Heirs of subsequent orders
Article 1148. Inheritance by disabled dependents of the testator

However, taking into account the fact that the eighth stage includes persons who were supported by the deceased due to their incapacity or incapacity for work, a common-law wife may belong to it if she meets all the specified criteria:

she lived in the same living space as the deceased;
the woman has 1 or 2 disability groups;
the husband supported his wife for at least a year before death.

If for some reason there are no applicants for the inheritance of the previous 7 stages, then the common-law wife will become the only successor. Otherwise, she will take part in the division of property with representatives of the queue who, by law, have the right to receive an inheritance.

The surest way to protect the interests and rights of an unofficial spouse is to prepare a will, designating him as an heir, and the testator has the right to do this in accordance with Article 1119 of the Civil Code

What articles of the code does the country’s legislation protect a woman and children in a civil marriage{q}

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The mother and father are automatically registered on the birth certificate of children in an official marriage.

https://www.youtube.com/watch{q}v=-rtN713xMcE

If the man is a cohabitant, then he will be recorded in the “father” column only upon personal application to the registry office.

Both parents or their official representatives must be present during the procedure using a notarized power of attorney.

In cases where a man refuses to acknowledge paternity, this can be achieved in court.

To do this, the woman will need to provide compelling evidence of the relationship between the child and her partner. Usually the most reliable way is to undergo a medical examination.

But you cannot force a man to go through it if he refuses. However, if other compelling evidence is presented, the court may establish paternity and award child support even without a medical examination.

When a couple separates, a woman can file for alimony payment in court or enter into an agreement with a man on the fulfillment of his obligations to support a minor.

If paternity is not established initially, this can be done at any time through the court, even after the child reaches adulthood.

If a couple in a civil marriage has children, they have no restrictions on property rights. Therefore, they can inherit from either parent on the same basis as children born in an official marriage. This may be a will or legal inheritance. If a minor child is not named in the will, he can claim a mandatory share.

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