The right of a common-law wife to inherit after the death of her common-law husband

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.

Having children in a civil union

Children born outside of official marriage are also heirs of the first priority group. It is enough for the father to recognize the child by submitting an application to the registry office.

If the relationship could not be confirmed during life, then the mother will have to submit an application and the grounds for its approval to the legal authority.

In the absence of interested parties (pension fund employees, other heirs) who believe that the plaintiff is deceiving the court, the case will proceed in a simplified manner. The applicant will be given a document confirming paternity, which will allow the child to claim a share of the inheritance.

Having another party to the proceedings who disagrees with the mother's views will complicate the situation. The case will be considered as usual.

Problems can arise even if the child has been officially declared deceased. For example, the deceased had 2 children from different women, but bequeathed all 1 of them. According to Article 1149 of the Civil Code, the second child has the full right to an obligatory share, since he is the heir of the first priority.

The situation is similar if there are other persons representing the priority group. Each of the obligatory claimants will receive a share of the inheritance, despite the different contents of the will.

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.

Legal aspects of civil marriage

Many people prefer to live in a civil marriage, as it has many advantages. There is no need to change a woman's surname or spend money on a wedding. However, it also has many disadvantages.

Important! According to the law, regulation of the rights and obligations of people in a civil marriage is considered a complex process.

Due to the absence of a formal relationship between a man and a woman, the latter does not have any rights to the man’s property in the event of his death.

How much does it cost to register a marriage in Russia, what is the state fee for submitting an application to the registry office? See the link for answers.

This fact is not influenced even by a long period of cohabitation or the presence of a joint household.

All property, which may even be jointly acquired, will go either to the official spouse, or to the man’s children, or to his parents. But there are exceptions in which a woman has the right to receive an inheritance after the death of a partner, both in whole and in part.

What rights does a woman have?

According to the law, a woman cannot claim the inheritance of her partner. The exception is the presence of a will, according to which she can act as an heir. If there are other people claiming property, then some part of the inheritance may be disputed.

What is the legal and contractual regime of marital property? Which to choose? Read here.

During the trial, lawyers will determine what property can be recognized as joint property, which takes into account how long people were in a civil marriage.

Important! There are cases where a common-law spouse received all the property belonging to her deceased partner.

Does a common-law wife have any rights to inheritance after the death of her husband? Answers in this video:

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:

1. death certificate;
2. an extract from the house register about the last place of residence of the deceased;
3. 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.

Receipt procedure

To receive an inheritance without a will, you must collect the necessary list of documentation and contact the authorized body. Let's consider all the available nuances in more detail.

Documentation

The main package of necessary documentation includes:

• original certificate regarding registration. If you do not have a residence permit, you must contact the Housing Office for documentary evidence of your actual residence;
• various checks, payment receipts and other financial documents regarding the purchase of materials for repair work, payment of utilities, and so on. In other words, these documents must confirm the participation of the common-law wife in economic activities;
• written statements from neighbors regarding confirmation of the fact of cohabitation (if they cannot appear in person before the court);
• original document regarding monthly profit;
• any photos and videos are evidence of cohabitation. For example, photos from a joint vacation and so on.

We invite you to familiarize yourself with the Permit for cutting down trees and forests. How to cut down a tree legally - the basis for cutting down trees and issuing a permit

It is important to remember: the wider the evidence base, the greater the chance of receiving a positive answer to this issue.

How to inherit property under a will is written in the article:

how to enter into an inheritance under a will.

Do you want to understand who can claim an inheritance if there is a will? See here.

How to draw up a lifelong maintenance agreement for the right to inherit property is written here.

Where to apply

1. In the absence of a will, documents must be submitted to the judicial authority at the place of residence of the testator.
2. If there is a will, then you should contact the notary authority, also at the place of residence of the testator.

Confirming the fact of receiving inherited property implies performing a certain series of actions.

To register ownership rights, you must contact the territorial representative office of Rosreestr.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

1. via the form (below), or via online chat
2. Call the hotline:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

According to legal experts, the right to enter into a legal inheritance is the most complex, responsible and lengthy process. In almost 85 percent of cases, six months is not enough to complete this process.

There are several factors that can cloud its course:

• As a rule, relatives of a deceased person cannot assign part of the property to a stranger (in the legal sense) to a person.
• The persons met not long ago and lived in the same territory for less than one year.
• Lack of a will.
• The deceased person has minor children from previous legal marriages (in this case, almost everything will go to them).
• The presence of elderly relatives who were forced to be under his care for a long time, most often these are blood relatives of the first degree - blood parents.

However, all of the above problems fall into the background if the couple had common children, registration and left a notarized will.

Statistics confirm the fact that in recent years a huge number of disputes between common-law spouses have appeared. They cannot enter into an inheritance after the death of one of them, divide property after the breakdown of a relationship, draw up important documents, and much more.

Lawyers advise! It is imperative to legalize the relationship in order to avoid such problems. In this case, the relationship between the two persons will enter into legal force and it will be several times easier to subsequently prove that you are right.

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.

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.

How does property division happen?

In accordance with the Civil Code of the Russian Federation, the person with whom the deceased cohabited is not considered a spouse in full, and therefore cannot claim rights to the spouse’s fortune.

According to the legislation of the Russian Federation, there is a certain sequence according to which those with the right to receive property or monetary property are distributed:

1. Heirs of the first stage. These include children, legal spouse and parents of the deceased. What does Article I26I of the Civil Code of the Russian Federation indicate;
2. Heirs of the second stage. This, in accordance with Article I262 of the Civil Code of the Russian Federation, includes blood brothers and sisters, grandparents on both sides;
3. Heirs of the third stage. These are uncles and aunts (Article I263 of the Civil Code of the Russian Federation);
4. Heirs of the fourth stage. As stated in Art. I264 of the Civil Code of the Russian Federation, these are applicants who have lived with the testator for at least 5 years.