How to divide property during a civil marriage? Why is civil marriage dangerous?

The most mysterious, sincere and tender is the marriage ceremony. Unfortunately, nowadays not all couples are in a hurry to tie the knot.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!

They prefer to live in civil relationships for several reasons:

• There is no desire to spend money on organizing a wedding.
• They do not consider it necessary to have a stamp in the passport to continue the relationship.
• They don't want to rush things.

Good to know! Sometimes such a strong union breaks up for the most terrible reason - the death of the husband. Does his common-law spouse have rights to anything after this unfortunate event? It is worth taking a closer look at this important issue.

Tip 1: How to prove a civil marriage

In most cases, when a divorce occurs, the couple cannot agree, especially if the division concerns expensive joint acquisitions. For example, a couple in a civil marriage decides to buy an apartment and does it together. The acquired property, as an option, is documented in the name of the man. In case of divorce, from a legal point of view, the man is the full owner of the apartment; it cannot be divided.

The exception is the contractual regime of property. This means that the husband and wife, before marriage or while in a marriage relationship, draw up a marriage contract. It determines the procedure for dividing property upon separation, as well as its possession and use during marriage.

Is it possible to divide property acquired in a civil marriage?

• Receiving maintenance from the father, and not just from the mother.
• Communication with dad and his relatives.
• Shared living and use of living space;
• First line inheritance.
• Protection.
• Expressing your own opinion.
• living together for a certain period;
• joint management of a common household;
• absence of separate use of joint property;
• joint acquisition of property, in this case it is necessary to specifically prove how much money was invested by each of the cohabitants.

Situations giving a common-law wife the right to inherit

In accordance with the rules for the division of the inherited mass, a common-law spouse can claim:

• A certain share of property if there is a will in her name, if the deceased husband has people who have been in direct financial dependence on him for a long time. In addition, such conditions include the presence of heirs from the first priority list. In the absence of other claimants, the common-law wife can claim all inherited property;
• For an obligatory share if there is indisputable evidence that before death the disabled wife was a dependent, that is, she lived at the expense of the deceased.

The common-law wife of the deceased may be declared incapacitated if she:

• is a disabled person of group I or II;
• reaching the age of 55, which implies the possibility of receiving an old-age pension. However, there is no requirement that such a pension should be assigned.

In accordance with current legislation, dependents are considered to be persons living together and providing significant financial support for a year or more. It does not matter whether the common-law wife has another source of income - a pension, salary.

It is only important that the financial assistance is permanent and significant.

How is property divided after the death of one of the spouses?

Premarital acquisitions of property that become inherited after death, if there is a will, go to those heirs who are mentioned in this document, and in the same amounts: this was the last will of the deceased. If the person who has passed away has minor children, disabled adult children and parents, or disabled dependents, then they are entitled to a mandatory share.

This share is calculated from the intestate wealth of the deceased, and if this is not enough, or if there is no intestate wealth, then they will take part of the property that is mentioned in the will. In this case, the part due to the heirs under the will will decrease accordingly, but this is the law (Articles 1148, 1149 of the Civil Code of the Russian Federation).

Order of succession

In Russia, property can be inherited in two ways: by will or in the order of priority. In the will, the testator can name any successor, even if he is not a close relative. In the absence of a document, inheritance is carried out according to law.

According to Art. 1142 of the Civil Code of the Russian Federation, the first in line are the spouse (legal), children and parents of the deceased. Then there are other candidates. In the seventh line, the stepfather, stepmother, as well as stepson or stepdaughter are indicated as heirs.

This list does not include common-law wives as possible heirs. Therefore, if the couple was in a civil marriage, then after the death of the husband (cohabitant), his wife can receive an inheritance for only two reasons. Either she is indicated in the will, or she is a dependent of the deceased and can claim an obligatory share.

The presence of a will does not guarantee that the common-law spouse will receive the property. It can be challenged in court by other heirs. And if the testator was incapacitated or executed the document under duress, the will is considered invalid.

How is property acquired in a civil marriage divided?

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

How to prove the fact of cohabitation

If a common-law wife enters into inheritance as a dependent of her late husband, she will first need to recognize the fact of cohabitation and maintenance at his expense. This can be done exclusively in court and only in the presence of the following circumstances:

• disability;
• living with the testator and receiving the main amount of livelihood from him for more than twelve months;
• availability of evidence of the facts translated above;
• absence of the status of an unworthy heir (assigned by the court for illegal actions against the testator or other heirs).

Algorithm of actions of the de facto wife to recognize the fact of her dependence at the expense of the deceased spouse:

1. Collection of documentary evidence (certificate confirming disability, testimony of witnesses, etc.).
2. Writing an application (indicate: the name of the court, your personal and contact information, the period and cause of the disability, information about the de facto spouse, circumstances confirming the fact of dependency, the purpose of the application, the essence of the request and a list of attached documents).
3. Submitting an application and accompanying official papers to the district court at your place of residence.
4. Waiting for a court order.

Expert opinion

Kuzmin Stanislav Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

In case of a positive decision of the court, the common-law wife receives a documented copy of it and, on its basis, begins to formalize her legal rights to the inheritance.

Deadlines

The period allotted for declaring one's rights to inheritance is limited to 6 months from the date of death of the testator. In the case of sub-appointment of the actual wife in the will, the period for taking over rights is 3 months after the non-acceptance of the testator’s property by the persons appointed by him or 6 months from the moment of their refusal to inherit.

Receiving a testamentary refusal is permissible within 3 years from the date of opening of the inheritance.

Missing the established deadlines is fraught with loss of inheritance rights. But if there are good reasons, the period for their registration can be extended in court.

Situations where the successor did not and could not know about the death of the testator or, for other objective reasons, could not timely express his interest in accepting inheritance rights are valid for restoring the deadline for accepting an inheritance. These may include prolonged illness, complete or partial incapacity, preparation of documents necessary for the case, long absence without the opportunity to send a notarized application for acceptance of inheritance by mail, and others.

There are often requests from clients who are interested in how to prove a civil marriage in order to acquire the right to the inheritance of a deceased partner. Unfortunately, the relevance of this issue disappeared back in 1969, when the Code on Marriage and Family of the RSFSR finally deprived the actual marriage of legal significance, and at the same time excluded the possibility of proving the right to the property of the deceased unofficial spouse.

The current Family Code of the Russian Federation supports this position and makes it impossible to inherit according to the law in accordance with the Civil Code of the Russian Federation.

However, there are other grounds for receiving a husband’s share of property, which are indicated in the article. But even their presence does not free the actual wife from disputes and the need to defend her rights, in some cases even in court.

The lawyers of the portal https://ros-nasledstvo.ru are ready to provide legal assistance that is important in such situations. Contact them via electronic form and receive a free, timely response and the opportunity to collaborate for a more in-depth solution to the current problem.

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After the death of the spouse, he has all rights to the spouse's inheritance. But if the couple was not officially married, difficulties may arise. The rights to inheritance of a common-law wife after the death of her husband will have to be proven, possibly even in court. In practice, inheritance is most often obtained by will.

Inheritance of property acquired before marriage after the death of one of the spouses

If the testator was a recipient of a state labor pension, then pension payments in connection with the loss of a breadwinner, in relation to his children who have not reached the age of majority and other dependents classified as disabled, will directly depend on its volume.

To claim an inheritance, a spouse only needs to prove his own right to the property left behind. The fact of being in a marital relationship can be confirmed by a marriage registration certificate.

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

Among lawyers, the concept of “civil marriage” is practically not used, but refers exclusively to actual existing marital relations. In the absence of registration of the relationship with the registry office, the cohabitant has absolutely no rights to property from the inheritance mass.

The situation looks completely different when a deceased man makes a will. Under such conditions, the former common-law wife can fully claim the inheritance. Only the question of determining the share in the inheritance remains unresolved, and the interpretation of the answer depends, as a rule, on a large number of circumstances and nuances of a particular case.

Some civil marriages last for decades, during which the spouses manage to accumulate a wide variety of property - from expensive real estate to small household appliances. In such cases, legal specialists will have a long time to understand the intricacies of each specific case, namely, what belonged to whom, whether there are still claimants to the inheritance, and so on.

In a certain situation, taking into account actual circumstances, a former common-law wife may receive almost all of the property of her deceased lover, or may be left with nothing. In this case, all property registered in her name will partially or fully belong to her.

If there is a special agreement on the division of property between the cohabitants, certified by a notary, the widow can claim everything that is recorded in such a document. The common-law spouse indicated in the will, in terms of the scope of her rights to inheritance, is equal to the queue in which there are other heirs.

Division of property in a civil marriage

Vasiliev O.R. filed a claim in court for recognition of ownership of the house, attaching to the statement of claim documents such as agreements for the purchase and sale of apartments and a contract for the purchase and sale of a house indicating the value of the property, which confirmed the fact of joint investment in the purchase and achieved the division of the house.

In addition to the basic mandatory information (name of the judicial authority, information about the parties - full name, residential address, price of the claim), the claim must indicate when, for what amount, with whose funds the property was purchased, what the violation of property rights is for the acquired property. And most importantly, what evidence supports the above arguments. Witness statements, various types of contracts, receipts, bank statements, receipts, as well as income certificates are suitable.

How can a common-law wife obtain inheritance rights?

In order for a wife to be recognized as a legal heir, she must complete several basic steps.

Step 1. Required evidence

The woman will have to be patient. The procedure of proving your case can take a lot of time.

In order for the law to be on her side, the following documents must be presented:

• A medical certificate from a local clinic stating that she was unable to work for more than one year due to health reasons and was forced to support herself by supporting her partner (she was his dependent). In some cases, this period may be shorter, for example, if she has lost the ability to work independently during the period of cohabitation.
• Sales receipts for any joint purchases; this list also includes payment of all bills, including utilities.
• A certificate of income for the last period (from three months to one year), it is confirmation that the widow contributed to the running of the household.

Good to know! The easiest way for a common-law spouse to prove that she is right is if she and her husband had a common registration; if they do not, then they will need to complete the second step.

Step 2. How to prove the fact of cohabitation?

You can prove the fact of cohabitation as follows:

• Show receipts for any servants associated with the property.
• Provide the bailiffs with written evidence from neighbors, sellers in nearby stores, the post office and representatives of other organizations close to the house that the couple actually lived together.
• Show off photographs, audio recordings or video files that show that the couple lived together.

Let's celebrate! It is imperative to indicate the deadlines, since a common-law spouse has rights to inheritance only if she has lived with this man for more than one year.

How is an apartment purchased before marriage divided after the death of the husband?

Irina! Thank you for your reply. The deceased spouse filed for divorce on February 27, 2014, and died on March 9, 2014, is the divorce considered valid? . The resolution decision was to come into force on March 27, 2014.

Hello, Nelya! The apartment in this case is part of the inheritance (despite the fact that it was received through a gratuitous transaction and was the property of the deceased) and is inherited in equal shares by all first-priority heirs, including the testator’s spouse.

Documentation for a notary office

If the entire inheritance of the spouses was indicated in the will, then the marital share can be determined through the court. A person has the right to protect his interests, since only the property of the testator can be indicated in a will. A person cannot indicate the entire list of property, since 50% belongs to the spouses. In such a situation, as a rule, part of the will is revoked.

During the marriage, an apartment was purchased for which two apartments belonging to each of the spouses were sold in turn. The husband's apartment was sold a week before the purchase of the common living space, the wife's apartment only six months later, since the husband's apartment had to be checked out of somewhere before the sale.

The mandatory spousal share of the inheritance is 50%. However, it can be reduced for certain reasons. Inheritance relations between spouses are regulated by the norms of the Civil Code, as well as the Insurance Code. The reduction in the share is prescribed in Article 39 of the Family Code.

The spouse is the primary legal successor and, under certain conditions, the legal holder of a mandatory share of the inheritance. But besides this, he is the owner of a significant part of the property acquired jointly with the testator, which is essential in determining the composition of the inheritance mass and the total amount of assets received by the widower.

The obligatory spousal share can be considered the part of the inheritance to which the legal companion of the testator has the right to claim. It can be obtained either from the personal property of the deceased or from assets acquired jointly during the marriage.

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I ask you not to allocate the spousal share from the property acquired during the registration of marriage relations with gr.________________ (full name), who died on ______________ (date). I am familiar with the norms of current legislation.

Ilya Vladimirovich contacted our agency. His wife died in a car accident a few months ago. This was her second marriage; from her first marriage she has a 15-year-old daughter. They were married for three years.

In standard order this is:. The only exception to this rule is a concluded marriage contract with other conditions for the allocation of property in various situations. Moreover, there is no difference between the acquirer of property and objects. It doesn’t matter who specifically contributed the money for the purchase or to whom it was registered.

Now let’s change the conditions a little: the wife has died, and her son and husband are claiming her share. In this case, both of them are considered heirs of the first stage. If, before his death, by his decision he deprived the second spouse of the right to inherit his part of the property, he will still receive the obligatory spousal share.

The inheritance opens with the death of the testator, that is, the day of his death is the moment the inheritance is opened, and not the moment when the notary opens (starts) the inheritance case, as many people think. These two concepts should not be confused.

Half of the property acquired during the marriage must go to the widow(er) as the marital share.

The notary who is in charge of the inheritance case can separate the surviving spouse's spousal share from the inherited property and exclude it from the inheritance mass.

The statement of claim has individual characteristics. Unlike a settlement agreement, it is necessary to comply with the requirements of the civil process, otherwise the court has the right to reject acceptance for consideration.

The statement of claim is in the following form:

1. In the right-left corner there is a “header”: the name of the court, details of the parties to the lawsuit, the price of the claim.
2. Below in the center is the name of the document.
3. Statement of information relevant to the case:

Even if the deceased deprived his other half of the inheritance by his last will, the allocation of the obligatory part of the property will still occur.

Rozhdestvensky S.N. Once again on the issue of allocating the “spousal share” // Russian Justice. 2003. N 9. September. Thus, the wife will own her legal half, and with her son they will share in equal shares half of the house belonging to the deceased spouse, that is, the child is entitled to ¼ of the house or apartment.

Heirs of the second and third orders, and even more so heirs of subsequent orders, do not have the right to claim an inheritance in the presence of first-priority heirs, with the exception of the disabled dependents of the testator, who have the right to inherit on an equal basis with the called heirs, regardless of which order of inheritance they themselves belong to.

Since you and your husband were divorced at the time of his death, you are not an heir. You can contact a notary with an application for the allocation of your marital share if any of your husband’s property was acquired by him during his marriage to you. After the death of one of the spouses, according to the provisions of Art. 244 of the Civil Code of the Russian Federation, his share in joint property is subject to allocation for further inheritance.

It is worth distinguishing joint property from personal property, the right to which is assigned exclusively to the spouse indicated in the title documents for it.

This also applies to things for individual use, except for luxury items and jewelry, according to Art. 36 IC RF.

The spouse who legally receives a certificate for half of the property becomes its sole owner. The received objects are not included in the general inheritance mass and are not subject to distribution among successors. This algorithm is preserved in the absence of an application for the allocation of the spouse’s share.

How is property divided after the death of a common-law husband?

The property of the deceased (testator) is divided among the heirs according to the law in order of priority. Civil Code of the Russian Federation Article 1141. General provisions 1. Heirs by law are called upon to inherit in the order of priority provided for in Articles 1142 - 1145 and 1148 of this Code. The heirs of each subsequent order inherit if there are no heirs of previous orders, that is, if there are no heirs of previous orders, or none of them has the right to inherit, or all of them are excluded from inheritance (Article 1117), or are deprived of inheritance (clause 1 of Article 1119), either none of them accepted the inheritance, or all of them renounced the inheritance. 2. Heirs of the same line inherit in equal shares, with the exception of heirs inheriting by right of representation (Article 1146).

Cohabitants do not inherit. In the absence of a will, the heirs of the first priority are the children, parents and spouse (in a registered marriage) of the deceased, which is expressly established by Art. 1142 of the Civil Code of the Russian Federation. All these persons inherit in equal shares. Personal consultations only on a paid basis (no exceptions) Office address: Moscow region, Serpukhov, st. Uritskogo, 4a www.expert-jurist.ru

Arbitrage practice

If we analyze judicial practice, it is quite possible to challenge a will. A statement of claim is submitted to the district court authority (at the place of registration of the deceased, living spouse).

The fact of the deceased’s incapacity is additionally confirmed by documentation. If such documents are missing, the interested person pays for the examination. Based on this, all documents dating back three years about the state of health of the deceased are confiscated.

If violations in the execution of the will are discovered, the court will invalidate it, and the division of property will be carried out according to a standard form.

Division of property in a civil marriage or among cohabitants: is it possible, judicial practice, rights

• a contract for the sale and purchase of an apartment that belonged to her;
• residential building purchase agreement;
• a payment document confirming that on a certain day the plaintiff transferred two million rubles to the defendant’s bank account, which amounted to 45% of the price set for the house;
• a payment document confirming that after receiving the transfer from the plaintiff, the defendant paid the seller in full.

If in a registered marriage, after the death of one of the spouses, the second becomes the legal heir, then in a civil union, this rule is not valid. The surviving spouse can inherit from his/her cohabitant only in two cases:

A will has been drawn up

The division of property after the death of a spouse in accordance with the will drawn up by him occurs in the following order:

• If the deceased managed to draw up a will and certified it in a notary’s office, then, by law, half of the common property goes to the remaining spouse. The second half is distributed among the heirs according to this document.
• If only the husband/wife is indicated in the will, then the property assets acquired jointly are transferred in full to the remaining spouse. In this case, none of the relatives has inheritance rights. In addition to the common property, the remaining husband or wife receives ownership of all gifts (cash, car, shares, real estate received by the deceased during the marriage).
• If the deceased member of a married couple was incapacitated during his lifetime, then the surviving spouse is entitled not only to the legal half of the common property received in various ways during family life, but also to some valuable things that were intended by will to other relatives.

It is important to know! If the deceased was incapacitated during his lifetime, his deeds of gift are recognized as invalid, and property values ​​are distributed among the heirs according to the established order.

Is it possible to divide property in a civil marriage?

Cohabitation is a broader concept; it can be understood as both civil and official marriage. But most often what is meant is the unregistered cohabitation of a couple. Civil marriage and cohabitation are also synonymous in the modern world.

Be sure to include paper evidence. To prove that you lived together, you can provide receipts, photos, tickets from a joint vacation, etc. Income and expenses will be proven by receipts, checks, statements. If you convincingly prove that you have actually acquired some property together, then the likelihood of a positive court decision increases significantly.

How to prove your rights

If the testator and his wife were not married, but only lived together, the issue of inheritance can take a very long time to resolve. And not always in favor of the common-law wife.

It’s one thing if there is a will (although relatives of the deceased often dispute such documents). If this document is missing, you need to go to court.

The defendants, as a rule, are the legal heirs of the deceased.

It is worth defending the right to an obligatory share only when the common-law wife has been unable to work for the last year, has been supported by the testator, and can prove these facts. It should also be taken into account that the court will take into account the place of residence. Only close relatives who are dependents could not live with the testator.

The following documents will be needed as evidence:

1. Certificate from the Housing Office. Must confirm that the plaintiff was assigned to the testator's living space.
2. Lease contract. Must be provided if the housing was rented by both spouses.
3. Testimony of witnesses who can confirm the fact of their cohabitation.
4. Documents for common children (if any).
5. Documents confirming that the plaintiff is in the care of the testator.
6. Medical certificates certifying disability or other health problems.

The list of documents may differ in each case. Many have to prove the fact of running a common household and living together using printouts of SMS messages and correspondence on social networks, as well as provide common photographs, tickets from a joint vacation and many other personal documents.

Statement of claim

You also need to take a very responsible approach to filing a claim. The document must include the following points:

1. Name of the judicial authority.
2. Information about the parties. The defendants are the other heirs of the common-law spouse.
3. Information about the testator.
4. Description of the circumstances of the case. It is necessary to indicate the date of opening of the inheritance case, details of the will and other details.
5. List of property claimed by the plaintiff.
6. Requirement to provide a mandatory share. It is necessary to refer to the relevant regulations.
7. List of documents that are provided along with the statement of claim.
8. Date of.
9. Signature.

The statement of claim is drawn up in several copies. The first is provided to the court, the second document remains with the plaintiff with the appropriate note of acceptance, the third copy is received by the defendant. It is better to involve an experienced lawyer in the preparation of the document, who will not make mistakes. His services will also be needed to represent the client’s interests in court.

How to divide acquired property in a civil marriage

In cohabitation without a stamp in the passport, there are no obligations towards the cohabitants. They cannot have the privileges that are available in a legal marriage. On a moral level, there remains a sense of freedom that a man or woman can enjoy.

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Living in an unregistered relationship, both parties can use the property for a certain period of time. There is shared property, which cannot be divided in half. After the death of one of the cohabitants, the registered property is inherited by legal representatives: parents, sisters, brothers, and other relatives.

Mandatory share of inheritance

Which of the heirs is entitled to a share of property assets without fail:

• minors, disabled children (natural, adopted);
• disabled parents, spouses (who have 1-3 degrees, disability group, men over 60 years old, women over 55 years old);
• disabled dependents (persons who were fully supported by the deceased for more than one year, who received financial support from him, which represented the only source of income).

The will drawn up by the testator does not in any way affect the size of the obligatory inheritance share. Its minimum possible amount is half the share that parents, spouse, and children could receive in the event of legal inheritance.

The following documents may serve as evidence:

• court decision;
• materials of civil proceedings.

It is important to understand! The Federal Law on the inheritance of ownership rights to any property values ​​after the death of a spouse does not cover a significant number of difficult cases. Therefore, it is worth focusing first on judicial practice.

Civil marriage: we divide the property of the spouses

As was said in the material devoted to the rights of children born in a civil marriage, the concept of “civil marriage” refers to a situation where a man and a woman live together, run a common household, give birth and raise children, but do not officially register their relationship.

The Family Code of the Russian Federation devotes many articles (chapters 7, 8 and 9 of the Code) to the regulation of property relations between spouses. The Civil Code in Article 256 also enshrines the principle of common joint property of spouses. However, we are talking only about a registered marriage. Also, spouses can enter into a marriage contract and in it define the property issues that interest them. Only if the marriage is officially registered, spouses receive a guarantee of protection of their property (and non-property) rights established by the Family Code. Actual marital relations, regardless of their duration and the presence of joint children, are not marriage in the legal sense and do not give rise to legal consequences. Let's consider several situations in relation to official and civil marriage.

What is a spousal share of inheritance?

The obligatory spousal share can be considered the part of the inheritance to which the legal companion of the testator has the right to claim. It can be obtained either from the personal property of the deceased or from assets acquired jointly during the marriage. And, if everything is more or less clear about the peculiarities of inheritance by law and by will, then you should familiarize yourself with a different procedure for obtaining material assets in more detail.

The very existence of joint marital property is enshrined in law in the Civil Code (Article 256) and the Family Code (Article 34) of the Russian Federation. It may include acquisitions and income received from the moment of marriage registration until the day of death of one of the spouses, namely:

• movable and immovable property;
• Earth;
• securities;
• deposits;
• shares;
• stock;
• income from business, labor, intellectual activity;
• pensions, benefits.

It is worth distinguishing joint property from personal property, the right to which is assigned exclusively to the spouse indicated in the title documents for it. Personal property consists of:

• material benefits received by one of the spouses as a gift or by inheritance;
• rights to the results of intellectual activity (patents), with the exception of income from it.

Half of the common property remains with the spouse under any circumstances: whether he receives an inheritance or not, what kind of succession procedure applies within the framework of a particular inheritance case, and who else is the heir of the deceased. This happens on the basis of the following legislative acts:

• Art. 1112 of the Civil Code of the Russian Federation - establishes that the inheritance can only include the personal property of the deceased, officially registered in his name during his lifetime (applies to movable and immovable property, land, bank deposits and securities). This guarantees the inviolability of the marital share of joint property for the heirs of the deceased.
• Art. 1150 of the Civil Code of the Russian Federation - states that receiving part of jointly acquired property does not exclude the right of a widower (widow) to inherit by law or by will.

The marital share can also be called the obligatory share of the inheritance, which is due to the disabled husband or wife of the testator, regardless of his dying orders. True, if there is a will that does not take into account the legal interests of the spouse, the part of the inherited property is halved.

Does civil marriage allow you to divide property?

If your marriage were official, everything would be decided simply: you have a family, you have property. And property acquired in the family is considered joint and is divided in half between husband and wife, with the exception of cases when one of them squandered the common money, drank, etc.

Property in a civil marriage is considered not joint, but common, and is divided not in half, but in accordance with the material contribution of each of you (Article 244), that is, in shares. And you need to prove in court that your share of investments in common acquisitions was the same or more than that of your cohabitant.

Children's rights

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.

Expert opinion

Kuzmin Stanislav Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

This may be a will or legal inheritance. If a minor child is not named in the will, he can claim a mandatory share.

How to divide property with my husband since we have been living in a civil marriage for 19 years

We have been living in a civil marriage for about ten years. I have two adult children from my first marriage, the youngest lives with us, as does the only child from my common-law wife’s first marriage (he is 15 years old). The four of us live in a one-room apartment (the owner is me), my wife has an apartment, privatized in equal shares with her child. Both apartments were decorated before the start of their life together. Now we want to register our marriage.

Hello, please help me solve my problem, my husband and I lived in a civil marriage for 19 years. We were just married but not married. My parents received the apartment in which we live, but we built an extension to it. Only part of the apartment without an extension was registered for 3 people: my husband, me and my daughter. Now my husband has left for another woman, I would like to divide the property.

Civil marriage and inheritance after death

• Eyewitness accounts (neighbors, relatives and other persons);
• Availability of any confirmed information about cohabitation. For example, a lease agreement, checks, etc.;
• Joint accounts and/or bank deposits;
• Joint sources of income: shares, securities, etc.

First of all, the law takes into account the presence of confirmed real estate and registration. For example, an apartment purchased by both spouses. But when trying cases in court, the following facts are taken into account:

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How to write an application for inheritance if there is a will?

The most guaranteed way to prove that the widow is indeed an heir is to present the will left by her husband. In this case, she will definitely become the owner of the property listed in it. But you still need to prove your case by presenting several documents.

Required documents

• An application containing all the notary's details, a list of inherited items and your personal data.
• Photocopy of an identity document.
• Will.
• Death certificate.
• A document confirming the status of the spouse.
• An extract from the house register from the place where the cohabitant was registered.

Good to know! This entire list of alleged evidence should be presented to the notary. Depending on the situation, this list may be supplemented. For example, if you have common children, you will additionally need to present a birth certificate.

Deadlines for writing

We should also talk about the time frame within which all documents must be completed. It is exactly 6 months from the date of death of the common-law spouse.

If this time was lost for some reason, for example, a person waited a long time to receive a certificate, then it can only be restored through a judicial procedure.