How the inheritance is divided after the death of the husband, what share of the wife's inheritance goes to whom?

Who is the first priority heir after the death of the husband: wife or children? How is the inheritance divided between the wife and children? The answers to these questions are further in the article.

Who inherits after the death of her husband: wife or children?

The practice of drawing up wills in Russia is less common than in other developed countries. Most often, inheritance occurs according to law - in the order of succession of heirs.

The order of inheritance by law is regulated by Art. 1142-1145, 1148 of the Civil Code of the Russian Federation, in which the queue is established according to the principle of family ties. It is the heirs of the first priority who have the priority right to enter into an inheritance.

And if there are no such relatives or they refuse the right of inheritance, the property goes to the second-rank relatives, then to the third, etc.

The Civil Code of the Russian Federation reflects that the total number of inheritance queues is 8, but the possibility of entering into inheritance rarely reaches the latter.

Who is the first heir after the death of her husband: wife or children?

The legislation of the Russian Federation establishes that a spouse has the right to claim half of the property acquired by the spouses jointly, that is, acquired during marriage. The second half of the property is divided equally between the wife and all children.

If there are no children, the second half of the acquired property will be divided among the remaining heirs in order of priority, as prescribed by law.

If the deceased had drawn up a will at one time, the division of property must correspond to the wishes of the testator indicated in this document.

Marital share

All property acquired during the marriage will be considered community property, unless otherwise provided in the marriage contract.

The property of the spouses includes:

• All income they receive, including pensions, benefits, salaries, etc.
• Movable and immovable property, deposits, shares, which were acquired at the expense of general income.
• Any other property; it does not matter in whose name this property is registered.

Not common:

• targeted cash receipts, for example, financial assistance;
• things received by inheritance and as a gift;
• personal items (except jewelry and luxury items).

The spouses' shares in joint property are equal . The wife who survives her husband retains the right to a share of the joint property (Article 256 of the Civil Code of the Russian Federation). The share of the deceased spouse is included in the estate and is divided among the heirs.

Thus, the wife first receives her legal marital share of the common property, and then her share of the inheritance.

The spouse has the right to draw up a written waiver of her share of the joint property. In such a case, the object of inheritance becomes all property acquired jointly during the marriage.

Common-law and ex-wives: do they claim inheritance?

A civil marriage does not have legal force, therefore a common-law wife does not have the right to claim inheritance and jointly acquired property, except in cases where the wife was dependent on the deceased and was declared incompetent, which is documented.

A common-law wife is recognized as incapacitated if she is a pensioner or disabled person of groups I and II.

In this case, the unofficial wife enters last, so the chances of receiving any share of the property of the common-law spouse are minimal. But a common-law wife receives the right to inherit a share of property if the deceased spouse indicated it in the will.

The testator's ex-wife also cannot count on his property . According to the Civil Code of the Russian Federation, the legal wife of the deceased has the priority right of inheritance.

The ex-spouse does not have this status. After the divorce, the ex-wife is no longer automatically considered an heir. It's another matter if she is mentioned in the will. In this case, the woman will receive the share specified in the will document.

What share does the wife have after the death of her husband if there are children?

Without a will, the inheritance will be distributed according to the law in order of priority. How to determine the shares of the wife and children?

The shares of the wife and children according to the law are as follows: 50% of the jointly acquired property will go to the spouse, the second half of the property is divided equally between the wife and children . For example, if there are three children, then each of the heirs will receive ¼ share of the inheritance.

All children of the husband, including those born in previous marriages, will be considered heirs. A share of the inheritance is due to adopted children, illegitimate children, as well as children born after 300 days from his death, if paternity is proven genetically.

As for stepsons and stepdaughters, they are heirs of the 7th stage. However, if a stepfather adopts a stepson or adopts a stepdaughter during his lifetime, the child will be able to claim property on an equal basis with natural children.

When inheriting property that, by virtue of law or a marriage contract, was the personal property of the husband, the wife and children have the right to count on equal shares.

If an object cannot be divided into shares, then 3 options are possible:

• the item is transferred to one of the family members by common agreement;
• the item is sold and the proceeds are divided equally;
• the property is transferred to one person, and the rest receive monetary compensation.

The heirs can divide the inheritance themselves by signing an appropriate agreement . If during the division process it is not possible to reach an agreement, then there is only one way out - going to court.

The property is divided equally between the first-priority heirs without a will . The heirs of the first stage, in addition to children and the legal wife, also include the disabled: parents, the spouse of the deceased, his children, dependents who were supported by him. All of them are entitled to a mandatory share of inherited capital.

Share of wife and children according to will

If the testator executed a will with a notary during his lifetime, it is extremely difficult, almost impossible, to challenge the will of the deceased.

A share of the inheritance is entitled to all citizens indicated in the testamentary document, regardless of relationship and status. Persons not specified in the will cannot claim the inheritance.

The law makes an exception for the following categories:

• minor unemployed children of the deceased;
• unemployed spouses and parents;
• persons who were dependent on the deceased for at least 1 year.

According to the law, the above categories of citizens have the right to claim a compulsory share of property . However, if after the death of the testator a person finds employment, his right is automatically revoked.

In any inheritance, children always have the right to an obligatory share from their parents . It does not matter in what marriage they were born, where they are registered and live. The application on behalf of the minor is submitted to the notary by parents or guardians.

How to calculate shares?

The share of the inheritance for the wife and children will be determined individually in each case. It all depends on the situation, as well as on the number of heirs.

Let's look at 2 examples:

1. Grishin I.P. there is a son and daughter who are among the primary heirs. Before his death, Grishin made a will, according to which a two-room apartment worth a total of 3 million rubles should go only to his son. However, during her father’s lifetime, the daughter received a Group II disability, thereby becoming an obligatory participant in the division of property, regardless of whether she was included in the will or not. Thus, the daughter has the right to count on 25% of this apartment, and the rest will go to the son.
2. In Marchenko G.V. I have a daughter from my first marriage, 2 children from my second, and a spouse. He died recently and did not have time to make a will. Thus, 50% of the inheritance goes to the wife, and the remaining 50% is divided among four. However, the daughter from her first marriage voluntarily renounced her share, so the second half of the inheritance is divided equally between the three.

How to change the share size?

So, all the property of the deceased must be divided according to the law between relatives in equal shares. However, in Art. 39 of the RF IC identifies situations when during the trial it is possible to reduce or increase the amount of the due share.

Changing the size of the share is allowed if:

• One heir has young children, while the second has adult children or no children at all.
• One of the heirs is officially recognized as disabled or incompetent.
• One heir threatened or harmed the second.
• One of the heirs under the will suffers from alcoholism, drug addiction, and gambling addiction.

How is the house divided?

By law, each spouse has ½ share in the common property . Half of the house belongs to the wife, and the other half is divided between the wife, children and the husband's parents (if they are alive).

If there are no parents, then the spouse gets ½ share by joint ownership plus ¼ by inheritance; child – ¼ share of the house.

Who will inherit the apartment?

If the apartment was the sole property of the husband, then the spouse, children, and parents can claim equal shares in it. A jointly acquired apartment is divided according to the general principles of inheritance.

This means that only half of the apartment belongs to the deceased spouse and is subject to inheritance. In this case, 50% of the apartment is automatically recognized as the personal property of the spouse and is not subject to inheritance.

The wife receives a priority right to an apartment if she:

• lived in it until the death of the testator;
• is a co-owner of the apartment along with her husband.

How are deposits divided?

According to paragraph 2 of Art. 34 of the RF IC, jointly acquired property of spouses includes not only real estate, but also any income, including securities and deposits. Deposits are divided according to the same principle as the rest of the property .

Before registering inheritance rights, the spouse has the right to contact a notary and submit an application for the allocation of a share of the bank deposit.

Upon application, the notary issues a Certificate of Ownership for ½ share of the deposit. The remaining ½ will be divided among all heirs on a general basis.

To whom do the debts of the deceased go?

In addition to property, capital and securities, loans are also inherited. The one who receives the largest share of the property must understand that the bulk of the loan payments will fall on his shoulders.

The testator's debt obligations are distributed proportionally among relatives, depending on the inherited share.

Obligations are not inherited:

• for alimony;
• for compensation for any damage.

How to register an inheritance in 2023?

To do this you need:

1. Contact the notary's office with an application.
2. Provide documents:
• passport and death certificate of the testator;
• an extract from the house register of the deceased;
• confirmation of relationship;
• certificates confirming incapacity for work (if you have a status).
3. Pay the state fee.
4. Accept the inheritance.

It is necessary to enter into an inheritance within 6 months from the date of death of the testator . If you do not meet the deadlines prescribed by law, you may lose your inheritance.

It is difficult to restore your rights to an inheritance: this can only be done if you provide the court with valid reasons for missing the period for opening the inheritance.

How the inheritance is divided after the death of the husband between the wife and children and the process of entering into inheritance

The death of a person with whom you have lived your life is a tragedy. However, over the course of many years of married life, property has been acquired, which the heirs of the deceased now have to dispose of.

There are two main ways of transferring property: by will and, in the absence of one, by law. Here we will consider the rules according to which property must be disposed of after the death of a loved one.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
 

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How is property divided?

When understanding how the inheritance is divided after the death of the husband between the wife and children, it is necessary to clarify what exactly is the subject of consideration.

In the absence of any kind of special agreements, they say the following:

• Income of any kind received during the period of marriage. This includes any financial resources or property that were received from business activities, salary. Various pensions or benefits that either spouse receives are included here only if they do not provide for a specific intended use. One typical example is receiving financial assistance.
• Things and jewelry that are considered movable or immovable property, received during marriage and paid for by spouses. This includes participation in a business, deposits, securities and similar acquisitions paid for from joint income.
• Any property acquired during the specified time. It does not matter whether one spouse or the other paid for their acquisition. In any case, it is their joint property.

Sometimes, upon marriage, a marriage contract is concluded, which, in particular, regulates the distribution of property in the family.

The distribution of the property of the owners will be influenced by the marriage agreement on distribution, if it has been signed.

Distribution of property occurs legally or by will

When a spouse passes away, all legal heirs are deemed to receive equal shares of their property. The wife of the deceased has the opportunity to refuse her share. Then, part of it will be included in the total amount of inherited property.

What part of the inheritance can be received by the second spouse and other first-rank applicants is determined voluntarily between relatives, according to the will; if disputes arise about the inheritance, the issue is resolved in court.

Who becomes the heir is determined by law. There are two main options for transferring property after the death of a relative:

• according to the will written by the deceased;
• based on legislative norms.

Who inherits

The legal method is used if the last will is not expressed in a notarial document . This transfer procedure is carried out in accordance with the legislation on the order of succession and applies to the share of property not covered by the document.

If there is a will containing the last will of the deceased regarding his property, the property is distributed according to the criteria stated in the document. In addition to the heirs declared in the will, minor children and dependents who are in the care of the deceased and claim a mandatory share of the inheritance are taken into account.

How to enter into an inheritance after the death of a husband without a will if there are children? First, the mandatory portion of the property is distributed. The procedure for inheriting property after the death of one of the spouses streamlines the concept of relatives of the first and remaining orders.

Who enters into an inheritance after the death of a husband without a will:

1. The first includes immediate relatives. We are talking about the surviving spouse, as well as natural sons and daughters, grandchildren.
2. The legislation determines the composition of each line of relatives. The second includes grandfathers, grandmothers, full or half-siblings, and nephews.
3. The third stage includes the deceased's uncles and aunts, cousins.
4. The fourth and subsequent ones include cousins' grandchildren and granddaughters, great-grandmothers and great-grandfathers, great-uncles and grandmothers, cousins' grandchildren and great-grandchildren, first cousins, stepsons and stepdaughters, stepmothers, stepfathers.

Receiving process

Let's consider a step-by-step algorithm for entering into an inheritance. First you need to figure out whether a will exists. It should be taken into account that there may be several of them. The one certified later is valid, the rest are not valid.

By will

When the will has been drawn up in the manner prescribed by law and certified by a notary, then inheritance occurs as provided for in the document.

It is necessary to take into account those descendants who have the right to count on compulsory inheritance . A will cannot revoke this.

The category of those who have this right includes children who have not yet reached the age of majority, relatives or dependents, and disabled close relatives.

The size of their share is never less than that received during distribution according to the law.

If a will existed but was not found in time, it does not lose its legal force. If it is subsequently discovered, then through the court it will be possible to redistribute the inheritance in accordance with it.

The inalienable right of minor children is to receive a fixed share of the inheritance

By law without a will

Let's look at how property is inherited after the death of one of the spouses without a will.

Sometimes the deceased does not express his/her last wishes in a will. Then the right to inherit property after the death of the husband of the hereditary estate occurs according to the order of kinship , based on what was said earlier. This involves only property that was not included in the obligatory part of inheritance.

If there is at least one representative of the first priority, then the entire mass of undistributed inheritance is divided equally between all representatives of the first priority.

If there is not a single representative, but there is at least one from the second, then the property is divided into equal parts among all participants in this particular queue. If there are no representatives of the second, then the third is considered, then the rest.

After the death of a husband without a will, the inheritance and its shares are received by: the wife, children, and in some cases, distant relatives.

If the deceased does not have any possible heirs left, then the property is given to the state.

Next, you need to accept the inheritance . First, contact the notary office at the last place of residence of the deceased. In this case, they either apply to accept the inheritance or ask for the issuance of a certificate that officially confirms the acceptance of the inheritance.

The provisions of the deceased's will cannot be neutralized, even if the document was lost

If we consider the second case, then it is generally accepted that the heir actually expressed his consent to the acceptance of his part of the transferred property.

The entire procedure is allotted six calendar months following the death of the testator.

If they are missed, the procedure becomes more complicated, since you will have to file a lawsuit to restore the specified period.

Based on the consideration of the submitted package by a notary, a certificate of receipt of inheritance is issued. Inherited real estate means that it will be necessary to make changes to the Unified Register.

What documents are needed to enter into an inheritance after the death of a husband are described below.

Package of documents

You can ask for help in drawing up a package of documents at the notary’s office at the place of residence of the testator. What will be required of you at the notary office:

1. It is necessary to provide a certificate certifying the death of the spouse.
2. If among the transferred property there are objects of real estate or other property, there may be a need for documents confirming the rights of the deceased to housing, a summer house, a car, etc.
3. After completion of registration of ownership, you will have to re-register. Proof of rights to real estate requires a certificate from the Unified State Register.
4. The set of papers must include those that form the basis for the transfer of property. These will include a completed will, of course, provided that it exists.
5. In a situation of receiving a compulsory share or inheritance based on legislation, evidence of the degree of family relationships may be needed. In this situation, a marriage certificate will be required.
6. It is also important to indicate the value of the property being transferred. Real estate valuation is a rather complex and expensive matter. For this purpose, sometimes you can use the cadastral value, which may differ significantly from the market value. Determining this can be tricky.
7. A state fee must be paid for issuing a certificate . The package of documents must include a receipt confirming the fact of payment. Its value depends on the degree of relationship and the value of the transferred property. For the closest relatives it will be 0.3%, for others it will be more: 0.6%.

The inheritance is issued within six months after the death of a relative

If there are any unclear points for the notary, he may require additional information or documents. The legislation does not establish restrictions on this.

All specified documents are submitted to a notary, who reviews them and makes a decision on the distribution of the inheritance. The result of this is the issuance of a certificate to the applicant, which records the right to receive the inheritance.

Deadlines

All actions to transfer property to heirs are carried out within six calendar months after the death of the deceased. If this time has been missed, the deadline can only be restored by considering the case in court and if it makes a positive decision.

For this, there must be a valid reason explaining the fact that the deadline for considering the inheritance has been missed. Situations are also possible when the heir can voluntarily refuse the inheritance due to him.

Conclusion

When inheriting from a deceased husband, the wife receives half of the common property, which was determined by the marriage contract or distribution agreement. In addition, she has the right to receive the portion required by law through inheritance without a will.

After the death of the husband, who inherits - the wife or the children? Property passes to the children in accordance with the law or in accordance with the will, and the wife inherits what is left after the deceased in the manner stated in the will or prescribed in legal acts.

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Marital share in inheritance by law after the death of a spouse

Property acquired during marriage is the joint property of husband and wife. However, after the death of one of them, controversial situations often arise. In this article we will understand how the spousal share in the inheritance is determined and formalized by law after the death of a spouse.

What is the spousal share of the inheritance?

All property acquired by spouses during marriage is recognized as their joint property. An exception is the presence of a marriage contract that states otherwise, or an agreement that includes an indication of the division of property.

In general, joint property is considered:

• income of the husband and wife received from any type of activity;
• non-targeted social benefits and pensions;
• movable and immovable property, securities, deposits, shares in the capital of commercial organizations, if these things were acquired from general income;
• other property acquired during legal marriage.

It does not matter in whose name the items were purchased, who specifically contributed the money and to whom it was registered. The main thing is that at the time of purchase the marriage was officially registered by the registry office.

All of the above applies to property acquired for compensation by spouses. If something was received by inheritance or gift, it will not be joint property. The same applies to things intended for individual use, except for jewelry and luxury items. This is regulated by Art. 36 IC RF.

After the death of a husband or wife, the second spouse has the right to part of the joint property acquired during the marriage. The shares of the spouses are equal and amount to 50% each. The estate will include only the part of the property belonging to the deceased spouse.

For example, a husband and wife own a house that was purchased under a contract of sale during their marriage. After the death of one of the spouses, only the part of the house that belonged to him, that is, half, will be included in the estate. The second half remains with the surviving spouse and will not be included in the inheritance.

This spouse also participates in the division of the inheritance. Let's say the testator has a son and a wife. They are both first-degree heirs and will share half of the house equally. As a result, the wife will own her legal half and ½ of the part of the house that belonged to the husband. The son will receive ¼ of the entire house.

Mandatory share of a spouse by law

Inheritance can occur by law or by will. If the last will of the deceased deprived the husband/wife of the inheritance, the allocation of the obligatory marital share will still occur. It is impossible to deprive this legal part of the common property.

It is also possible that a spouse does not take into account that part of the property belongs to the husband/wife when drawing up a will. For example, he bequeaths the entire apartment to his children, not taking into account that half of the living space belongs to the spouse. In this case, the will is contested in court or the issue is regulated by a settlement agreement with the heirs.

Do not confuse the right to an obligatory share in the inheritance under Art. 1149 of the Civil Code of the Russian Federation and compulsory spousal share are legally different concepts. According to this normative act, a disabled spouse has the right to receive a share in the inheritance equal to at least half of the part of the inheritance that would be due to him as a first-priority heir.

However, the husband had previously lost his ability to work. For this reason, he has the right to count on an obligatory share in the inheritance, namely ¼ of the apartment - half of the part of the inheritance that he would have received if his wife had not deprived him of this right by will.

The husband/wife may be deprived of the obligatory share if, by a court decision, they are recognized as unworthy heirs. But even in this situation they cannot be deprived of their marital share.

How to get a spousal share?

To accept an inheritance after the death of your husband/wife, use the step-by-step instructions below.

Stage 1. Clarification of the order of inheritance

Property can be distributed by law or by will. If there is a will, the division of the inheritance will occur in accordance with its contents. The only exception will be the situation when the right to an obligatory share is exercised. According to Art. 1149 of the Civil Code of the Russian Federation, the testator cannot deprive the following persons of the right to receive an inheritance:

• minor or disabled children;
• disabled parents;
• disabled spouse;
• dependents who were supported by the testator.

If there is no will, inheritance will occur in the manner prescribed by law. The order established by civil law will apply here (Articles 1142-1145).

Relatives belonging to the same line inherit property in equal shares. If there are no heirs of one line, the right passes to persons from subsequent lines. Primary heirs include children, parents and spouse.

If the heirs do not plan to dispute the shares, there is no corresponding court decision or marriage contract, then half of the jointly acquired property of the spouses will be included in the inheritance estate. This part will be inherited by the husband/wife individually or distributed among all first-line heirs in equal shares.

Stage 2. Acceptance of inheritance

To accept an inheritance, you must contact a notary dealing with inheritance matters and write a corresponding application - about accepting the inheritance or issuing a certificate of the right to inheritance. As a rule, you should contact the notary office at the last place of residence of the testator.

The citizen has the right to choose the type of application submitted independently. However, it is recommended to make a request for a certificate, since it automatically assumes that the heir has accepted his part of the property, even if there is no separate document about this.

You can accept an inheritance within six months from the date of opening the inheritance case. It coincides with the date indicated in the medical report of death or court decision.

If the six-month period has been missed, it can only be restored through a judicial procedure. To satisfy the claim, you will need to prove in court that the deadline was missed for a good reason. For example, due to a serious illness or long-term residence abroad without the possibility of leaving.

Stage 3. Preparation of documents for registration

The notary issues a certificate of inheritance based on certain documents. Required papers include:

• documents confirming the fact of death - death certificate, court decision;
• papers serving as the basis for a call to inheritance - a will, a marriage certificate;
• documents confirming the existence of the testator's ownership of the property - certificate, extract from the Unified State Register, etc.;
• conclusion of an independent appraiser on the value of property or confirmation of value received from authorized organizations (for example, BTI).

The issuance of a certificate of inheritance is subject to a state fee. Its amount for immediate family members, which includes the spouse, is 0.3% of the value of the inheritance, but not more than 100 thousand rubles.

This is not an exhaustive list of documents. The notary has the right to require other documents as necessary.

Stage 4. Obtaining a certificate of inheritance

The certificate is issued after six months from the date of death of the testator. You need to get it from a notary after providing the required documents.

The inheritance certificate can be issued before the expiration of six months. To do this, the notary should have no doubt that there are no other heirs who can apply for registration of the share.

Allocation of spousal share - agreement or claim

Disputes often arise in inheritance cases. Sometimes it is difficult to determine whether property is jointly acquired. For example, if a car was given by a husband to his wife, of course, without drawing up a deed of gift, then by law it is the joint property of the spouses, since it was purchased during marriage. However, the wife considers him her property, which is quite justified.

If disputes arise, there are two options:

1. Concluding an agreement in writing on the division of the inheritance mass.
2. Applying to the judicial authorities with a claim to challenge the order of division of the inheritance.

Let's consider each option in more detail.

Conclusion of an agreement

Civil legislation provides for the possibility of freely concluding contracts between citizens (Article 421 of the Civil Code of the Russian Federation). If this does not contradict current legislative norms, the heirs have the right to enter into any agreement on the division of the inheritance.

The agreement is drawn up in writing. It is necessary to bring it to the attention of the notary, about which the specialist will put a corresponding mark on the document. Without notarization, the agreement will not have legal force.

By means of an agreement, the obligatory marital share can be allocated. The text and form are not specified in the legislation. In essence, these are agreements between family members on the distribution of the testator’s property set out on paper.

However, relatives do not always manage to reach an agreement peacefully. Most often you have to go to court.

Filing a claim

The claim for the allocation of a mandatory marital share has a strictly established form. Otherwise, it is not accepted by the judicial authorities for consideration.

The claim will be the protection of property rights in relation to jointly acquired property in a marriage with a deceased spouse. The plaintiff is the husband/wife of the testator, the defendants are the remaining heirs.

The statement of claim must contain the following information:

• name of the judicial institution;
• details of the plaintiff and defendants - full name, contact information, registration address and actual place of residence;
• the price of the claim is the estimated value of the share of jointly acquired property;
• statement of circumstances – date of death of the spouse, list of property, essence of the controversial situation;
• requirement for the court to allocate the husband/wife’s share in joint property and recognize the plaintiff’s property rights to this property;
• list of attached documents;
• date of filing the claim.

The statement of claim is accompanied by a certificate of marriage and death of the spouse, a marriage contract (if there is one), a will (if drawn up), and title documents for the disputed property. Other documents related to the case may also be attached.

Refusal of the spousal share in the inheritance

The share of the surviving husband/wife can be included in the inheritance estate only if he/she writes a statement refusing to separate property from the jointly acquired property.

The opportunity to refuse allotment is provided for in Art. 9 and Art. 236 of the Civil Code of the Russian Federation. Writing such a statement implies, among other things, a renunciation of ownership of this property.

The notary has no right to interfere with the writing of the refusal. His responsibilities include only explaining the legislative framework and the legal consequences of such a statement. Based on this paper, the notary will include the share of the surviving spouse in the total inheritance mass and divide it among all heirs in the standard manner.

If such a statement is missing, the notary does not have the authority to include the marital share in the estate. However, sometimes the wife/husband writes a statement stating that the inheritance does not include the joint property of the spouses. Judicial practice has many examples where such a statement has been disputed.

Adjustment of the surviving spouse's share of the inheritance

In general, the joint property of the spouses is divided equally. However, the law provides for situations in which the share can be adjusted up or down.

In accordance with Art. 39 of the RF IC, the grounds for adjustment may be:

• the spouses have children under the age of majority;
• disability of husband/wife;
• damage caused by the husband/wife to the family.

The last point includes alcohol or drug abuse, gambling addiction, evasion of income, indifference to family life, etc.

If you have any questions or disputes, please seek legal advice. You can get free legal assistance on our website.

Now you know how the marital share of the inheritance is allocated according to the law after the death of a spouse. It is not always possible to resolve the issue peacefully. If you need to go to court, you cannot do without the help of a competent lawyer.

How is the share of the wife’s inheritance allocated after the death of her husband on the basis of the Civil Code of the Russian Federation?

For a person without legal education, the inheritance division scheme looks confusing. The law establishes groups of relatives between whom property is divided, but the obligatory share of the husband or wife is also allocated. Let's consider who is entitled to a share in an apartment by inheritance after the death of a husband or wife, and how this issue is regulated by the Civil Code of the Russian Federation.

What is inherited after the death of a husband/wife

If one of the spouses dies, the common property acquired during the marriage is inherited, namely:

1. Movable property and real estate: apartment, country house, car, land, furniture, household appliances, etc.
2. Property rights: shares of the deceased in the authorized funds and capital of enterprises and organizations, etc.
3. Property obligations: debts and other obligations of the deceased.

Heirs between whom the division is made

Mandatory heirs

If the testator left a will, but did not mention in it the persons who are entitled to an obligatory share of the inheritance, then such heirs can still claim their part. They will inherit at least half of the share due to them by law.

Property that belonged to the husband during his lifetime is divided in one of two ways:

1. If there is a will, it is between those who are included in it.
2. If not, it will be legally distributed equally among the first-priority heirs.

The first line of inheritance is the spouse with whom the deceased was legally married at the time of death, his parents, natural and adopted children (read about priority heirs here).

The wife's share of the inheritance after the death of her husband is similar to the shares that are due to the other heirs. In this case, everyone has equal rights.

If the deceased is left with a mother, a wife and their common child, then the wife will receive half of the husband’s property plus 1/3 of the other half - it will be divided among the heirs according to the law.

Even if the deceased made a will, according to which he left all the property to his wife, she will not necessarily receive the inheritance in full. According to Art.

In this case, the wife is guaranteed to receive half of the property, the other half will be divided by those who were dependent on the deceased.

Find out who has the priority right to a share in the inheritance from the video

Division of common property after the death of a husband according to law

Property acquired during an official marriage is recognized as common property. One half belongs to the wife, the other to the husband. In addition to joint property, each spouse often has personal property. It includes everything that was acquired before the wedding or was received as a gift or inheritance during the marriage. This property belongs to only one owner.

After the death of a man, one half of the common property goes to his wife, the second is divided among all heirs. This half includes the share of the wife's inheritance after the death of her husband. Read more about inheritance after the death of a husband in the article https://nasledstvo.today/3616-poluchenie-nasledstva-posle-smerti-nasledodatelya-vydelenie-doli-perezhivshego-supruga.

To make it easier to understand this scheme, let's give an example. The couple bought an apartment while they were married. If the husband dies, his wife receives half of the apartment. It is her property because the property is jointly owned. In the second half, equal shares are allocated for each heir of the first stage - child, mother, father and wife.

If the property was the personal property of the husband, it is subject to inheritance by law. The wife's share in it does not stand out.

Example: the husband privatized an apartment before the wedding, the spouses lived in it together. The wife declared her rights to inherit a share in a privatized apartment after the death of her husband, considering herself a co-owner of the common property. In this case, her demands are illegal; the division of property will be carried out in equal parts between the heirs, without allocating the wife’s share.

It is worth noting: to jointly acquired property, according to the RF IC, Art.

34, in addition to movable and immovable property acquired during marriage, includes the income of each spouse from labor, intellectual or entrepreneurial activities, pensions, royalties, social payments, benefits received by them, as well as deposits acquired from common income and made to credit institutions or commercial organizations , securities, shares, shares in capital.

Property that was originally the personal property of a woman is not inherited under any circumstances. Even those cases where during the husband’s life housing was perceived as common property are no exceptions.

Example: the couple lived in an apartment that the woman inherited from her parents. When the husband died, his children from his previous marriage considered the housing to be jointly acquired property and claimed their rights to it. Even if they go to court, their demands will not be satisfied. The apartment did not belong to their deceased father, so it is not inherited.

Articles of the Civil Code of the Russian Federation regulating issues of inheritance of a share in an apartment

Need to know

If the heirs do not agree with the procedure for dividing property, which was established by the certificate of inheritance, then they can enter into a written agreement on the division of inherited property, in which they will determine a different procedure for dividing shares.

When concluding an agreement, the heirs have the right not to comply with the proportions of shares due to them by law. The general provisions of inheritance are enshrined in Art. 1141-1154 Civil Code of the Russian Federation. In Art. 246-247 of the Civil Code of the Russian Federation separately spells out how the shares of heirs are distributed according to the law in the inherited property, how they are transferred and how they are allowed to be disposed of.

The catch is that each of the applicants for the inheritance will be able to dispose of only part of the living space only in agreement with the other owners. In such cases, the law requires that the interests of all owners be taken into account, so the inheritance of a share is often challenged in court.

Another common case is that people cannot enter into an inheritance because they encounter disagreement from those who live in the apartment and are co-owners.

To register a share, you will have to collect a standard package of documents, and also obtain the certified consent of all interested parties. This is fraught with risks, because the period for registering an inheritance is limited. Find out about the time frame for registering an inheritance after the death of the testator here.

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How is the inheritance divided between the wife and children after the death of the husband? Probate Bureau

After the death of a person, inherited property is distributed among his heirs, the circle of which is clearly defined in the current legislation of Ukraine. The heirs can be the persons mentioned in the will and those to whom the inheritance is transferred by law. When the deceased did not have time to dispose of his inherited property during his lifetime, the right to inheritance arises from the wife of the deceased, his children, and the testator’s closest relatives, who are classified as heirs of the first priority. How is the division of inherited property between the heirs done in such cases?

If there is a testamentary document, the issue with the heir and the fate of the inherited property is resolved automatically. Almost any person can receive the right to inherit under a will, not only those who are his immediate relatives. However, here too there are a number of aspects that those who suddenly became an heir need to know.

Many citizens sometimes have to urgently seek an answer to this and many other questions. Rarely does anyone in a normal situation think about what the worst thing can happen.

In situations where an inheritance falls on your head unexpectedly, you need to know who can claim the inheritance and in what amount. Often, disputes between close relatives about the division of inherited property left after the death of a father or husband end in family quarrels and scandals.

The children and spouse of the deceased begin to divide what does not rightfully belong to them. The spouse wonders how the inheritance is divided after the death of her husband, and the children and parents of the deceased, who are heirs with the same rights, demand their share of the inherited property.

In most cases, this stems from ignorance of the laws that clearly establish the procedure for the distribution and division of inherited property between the closest relatives of the deceased.

In such situations, it would be helpful to have the help of an inheritance lawyer who will be able to clearly determine who is entitled to what share of the inherited property and in what amount. You should not neglect the services of lawyers in resolving such controversial cases, since an independent solution may result in litigation and unreasonable expenses.

How is the inheritance divided between the wife and children?

In most cases, the property that remains after the death of the deceased is subject to division, however, based on practice, the apartment or house that makes up the bulk of the inherited property remains with those who lived with him in the same family at the time of the death of the testator. This is in practice. In theory, everything looks different.

In accordance with domestic legislation in the field of inheritance law, an apartment, house, dacha, car, securities and bank deposits that make up the inherited property are divided equally between the heirs of the same line.

Another thing is that in reality, dividing all property equally is not so simple, given that the spouses have jointly acquired property.

The spouse of the deceased has a priority right in the distribution of shares, since her share will be greater than the shares of other heirs. This is due to the fact that the wife, after her husband, receives half of the jointly acquired property and her share of the remainder of the inheritance, which is divided in equal shares among the remaining heirs of the first priority.

In other words, the wife’s share increases after the death of her husband. In the absence of other first-line heirs, the spouse lays claim to all the inherited property. Registration of inheritance in Ukraine in 2018 is a certain procedure, which is regulated by the Civil Code, regulations and instructions.

A widow who, at the time of her husband’s death, owns a house or apartment as joint property, automatically has the right to inherit residential real estate. Redistribution of shares, reduction or increase of shares, between heirs of the first priority can be recorded in a written agreement. Often, a share is allocated in kind.

The size of shares can be changed in court. In this case, you may need the help of inheritance lawyers. This will speed up the procedural resolution of the issue and reduce the costs that inevitably arise when going to court on your own.