Mandatory marital share of inheritance

Succession has always been considered a controversial topic, so it has many factors and nuances to consider.

In this article, we will describe the marital share of the inheritance under the law after the death of the spouse, the methods of its determination and presentation, and in which cases this portion is distinguished and under which circumstances it may be lost.

What is the marital share of the inheritance?

In the years of marriage, the spouses acquire jointly acquired property, which is their common property; only when a marriage contract or agreement is drawn up shall the property be divided in accordance with the requirements set forth therein.

Joint property means:

• The income of both spouses at the place of employment;
• Pensions and non-earmarked social benefits;
• Property (movable and immovable);
• Contributions, securities and shares in commercial companies, if acquired during the marriage period from the joint budget;
• Other types of property purchased in a legal marriage.

Property may be registered with either spouseIt doesn't matter who paid the money for it or who it belonged to, all that matters is buying an item during an official marriage.

But not all property can be classified as a joint property; for example, property inherited or donated is owned only by the spouse who received it.

The same applies to items of personal use, in addition to luxury goods and precious jewellery, all of which are set out in article 36 of the Family Code of the Russian Federation.

Allocation of a marital share in inheritance

After the death of one of the spouses, part of the joint property belongs to the second spouse.Their shares are equal, i.e. 50 per cent for eachOnly the deceased spouse ' s share can enter the estate.

For example, a husband and a wife owns a dwelling which they bought during the marriage, and each of them has equal rights to the property, so that after the death of one of them, only a portion of the deceased spouse may inherit, i.e. half of the house. The rights to the second part of the house belong to the surviving spouse, and it is not part of the inheritance.

The widow/widower also has the right to inherit the property of his/her husband/wife.

How the Mandatory Marital Share is highlighted

Transfer of property to heirs may be made by will or by lawIf the deceased spouse has not included his wife/husband in his will, he shall be given his share of the property, which shall be lawful for him, and he shall not be deprived of the surviving spouse of that part of the estate.

There are cases in which a spouse does not take this part of his partner ' s property into account when making a will; for example, he inherits all the property of the children, but forgets the half that belongs to the husband/wife; in such situations, the matter is settled peacefully with the consent of the heirs or in court.

It is not necessary to confuse the mandatory marital share of property and the compulsory share of inheritance that is allocated under the Criminal Code of the Russian Federation (art. 1149)According to this article, the spouse who is unable to work has the right to a share in the inheritance equal to or equal to 1/2 of the share of the heir of the first line.

For example, a woman has acquired an apartment before her marriage, and a husband and a child are legal heirs. According to the will of the woman, the whole of the dwelling is to pass over to the child, but as a result of an accident, the husband loses his capacity to work. This gives him the right to one fourth of the dwelling, i.e. 50 per cent of the share which he could have received as the heir of the first line, if the wife had put it in the will.

The court may deprive the spouse of his or her compulsory share if he or she has been found to be an unworthy heir, but the spouse ' s share cannot be denied for this reason, even through the court.

The stages of obtaining the marital share

The following steps must be taken to formalize and obtain a marital share of the inheritance if there is a will or by law:

1. Establishment of inheritance arrangementsIf there is a will, the division of property shall be made in accordance with this document, except for the compulsory share of the heir, which has not been taken into account in the will; and if the heirs do not have the capacity to work, they shall not have the capacity to work, they shall have the capacity to work, they shall have the capacity to work, they shall have the capacity to work, they shall have the capacity to work, and they shall have the right to share in the inheritance; in the absence of the will, the inheritance shall be performed in accordance with the law, taking into account the order of the heirs; and if the heirs have no objection in respect of their share, there shall be no marriage contract or judgement, then 1.2 joint property shall be handed over to the widow/widower or divided between the heirs of Release 1.
2. Acceptance of an inheritanceIn order to do so, a notary must apply, usually to a notary office located in the latter ' s area of residence, the type of application being determined by the remaining spouse, but it is best to apply for a certificate of succession.
3. Preparation of documentation for processingThe certificate may be obtained by passing the necessary documents, including the death certificate of the spouse, the judgement confirming the death, the marriage certificate, the testator ' s will, the testator ' s ownership of the property, the certificate of the value of the goods (e.g. BTI) or the judgement of the appraiser; in some cases, additional documents may be required.
4. Collection of a certificate confirming the right to inheritanceIt is issued by a notary six months after the death of his or her spouse, and may be obtained before that date, but only if the notary is satisfied that there are no other heirs or that they will not claim their share.

Resolution of contentious situations

In some cases, it is difficult to determine which type of property is a joint property or a personal property.

For example, if a husband has given his wife a car, but has not given her a gift, then transport is legally part of the joint property, because it was bought during the marriage, but in the wife's opinion the car is her property, and that is justified, because it was given as a gift.

In such situations, there are two ways of solving the problem:

• Preparation of a written inheritance-sharing agreement;
• Litigation before the court to challenge the division of the estate.

Conclusion of agreement

The agreement must necessarily be certified by a notary, otherwise it is considered null and void.

This document will help to determine how the mandatory marital share is to be allocated; it is drafted in a free form, without clear instructions on the form and text.

It may be described as a written agreement between family members on the division of property of the deceased spouse.

Application to court

Relatives are not always able to agree peacefully on the distribution of the inheritance, so they have to file a claim; it is processed in a strictly defined form, otherwise it will not be accepted by the court.

This is a claim by the widow/widower to protect his property rights in the distribution of the property which was acquired during the marriage of the deceased spouse; the plaintiff is the surviving spouse, and the defendant is the other heirs.

The application for spousal share must contain certain information:

• Name of judicial organization;
• The FIO of the plaintiff and the defendants, as well as their addresses of residence or registration, and telephone numbers;
• The value of the claim, i.e. the estimated price of the required share of the joint property;
• A description of the circumstances, namely the date of death of the heir (in our case, the spouse), a list of the property to which he is entitled, and what is the disputed situation in his division;
• Claims - the share of the deceased spouse in the joint property and the transfer of property rights to the claimant;
• List of documents attached to the application;
• The date.

Is it possible to give up a marital share in the form of an inheritance?

The share of property owned by the remaining spouse is included in the estate only if it is abandonedFor this purpose, the widow/widower submits an application confirming that they have relinquished their share of the joint property.

Articles 9 and 236 of the Code of Criminal Procedure provide for the possibility of refusing to grant a mandatory marital share, and the applicant also waives the right of ownership of these facilities.

A notary must not discourage a spouse from writing a refusal.But he is obliged to explain the legislative nuances and consequences of such a declaration.

If you refuse, the notary will attach the share of the joint property to the common estate and then divide all property between the other heirs according to their turn.

Changes in the marital share

They are specified in article 39 of the SCK of the Russian Federation:

• The presence of minor children;
• Inability of the remaining spouse;
• The spouse harms the family (an abuse of alcohol or drugs, a lack of income-generating activities for the family, or a failure to participate in the life of family members).

Loss of marital share

A widower/widow may be deprived of a marital share in the inheritanceThis is the case in the case of an attempt on the health or life of the second spouse, especially in cases where the unlawful actions of the partner have caused the death of the wife/spouse.

It is also possible to deprive a surviving spouse of his or her marital share if he or she commits unlawful acts against the he or she or the rest of the he or she in order to increase her or her share.

Avoidance of obligations to support the family, including the deceased spouse, is considered to be another reasonSuch decisions shall be taken by the court.

Marital share of the inheritance by law after the death of the spouse in 2023

The marital share of the inheritance under the law, after the death of the spouse, must be transferred to the partner with whom they have an official relationship, taking into account the type of property to be inherited, personal and joint; receiving the funds of the deceased spouse is often accompanied by disputes with other successors; to prevent conflict, it is necessary to become familiar with the laws governing the receipt of assets by close relatives of the deceased.

What's a married share of the inheritance?

When married, the spouses purchase various kinds of property, including apartments, cars, meals, furniture, refrigerators, and other appliances.

In addition, the family budget is spent on repairs, maintenance of vehicles and the elimination of all kinds of breakdowns; all the property accumulated during the marriage, i.e. money in a bank account and open business, is a joint asset.

It is interesting that loans made to one spouse are also considered to be common, so that the surviving husband or wife must pay the debts on his own, but there are types of assets that remain personal property (investigated, bought independently before the marriage, gifted); personal and general things are different in the order of inheritance.

Which is part of the joint property of the spouses:

1. Housing, vehicles, land, agricultural, domestic machinery, real estate and movable assets accumulated during the life of the community.
2. Business.
3. Money received as payment for paid employment or as a result of starting a business.
4. Finances received from the State (benefits, scholarships, pensions).
5. Shares, pills, deposits made on a husband or wife.

Personal property is the kind of savings that the spouse formed before entering into a legal relationship.

This category also includes gifted and inherited items, exclusive rights, patents, insurance payments, moral and material compensation.

Clothing, hygiene and other items belonging only to the deceased are not shared (except for expensive ornaments, antiques and luxury goods).

Under the Family Law, it is permissible to agree on the individual sharing of savings in the conclusion of a marriage contract, which allows for the distribution of material goods in an arbitrary manner.

In order for the contract to have legal effect, it must be drawn up in accordance with certain rules and regulations and must also be certified by a notary.

Any inaccuracy is easily challenged in court, which renders the document null and void.

Some of the money that a widow or widower owes is called the inheritance portion of the inheritance. The property and money accumulated in the common marriage are divided in half. One half goes to the grieving partner. It cannot be taken away to give to third parties as an inheritance. The other half belonged to the deceased member of the family, so it is distributed among all the heirs.

Personal savings are the property of the deceased and are shared among all close relatives, and half of the common property (50 per cent of the living quarters, meals, cars and even kitchen garrisons) is allocated to the heirs.

Mandatory share of spouse by law

It is necessary to know what is the share of the marriage and the compulsory share of the inheritance, and whether there are any differences between the two.

If a woman buys or inherits an apartment before her marriage, then after her death half of the dwelling is passed to a husband who is temporarily or permanently unable to work.

When the wife has made a bequest in which she has made a promise to the children, but the husband has no legal capacity until the death of the husband, he is entitled to his share of the dwelling.

The surviving spouse inherits 50 per cent of the joint savings (the marital portion), and if the deceased has left a will in which all his savings were handed over to relatives and third parties, the surviving partner still receives half, despite the deceased's last will.

Often, when a will is made, people forget that half of the dwelling is owned by their legal couple, and the spouse who is unable to work is entitled to a mandatory share of the inheritance.

It is recommended that all risks, negative and positive aspects of the proceedings be assessed, that counsel be consulted and only then write a statement.

How to obtain a marital share

The acquisition of the marital unit consists of several consecutive stages; if certain recommendations are followed, there will be no problems of succession.

Notarization algorithm for a spouse ' s application:

1. First, a widower or widower signs an application for a share, and some papers are collected to prove the right to claim the inheritance (a marriage certificate is required).
2. After examining all the materials, the notary issues an order stating that 50 per cent of the jointly acquired assets pass to the deceased ' s husband or wife (other shares may be regulated by a marriage contract); if the authorized person refuses to give the spouse all the papers, this shows that the inheritance rights have been violated, it is therefore brave to apply to the court.

The notary informs the other applicants for the deceased ' s property of the extradition of the marital share.

Relatives are not obliged to give their consent to a portion of the inheritance to the spouse; the notary informs all successors only so that they are aware of the events and have time to file a complaint if they wish to appeal against the actions of the authorized person.

Step 1 — Reconciliation

The estate is distributed in two ways, either by law or notarized by the last will of the deceased; the extent of the estate is not affected by the will; nor is it possible to take from the widower or widow the assets that are legally due to him.

The categories of citizens who are prohibited from depriving them of their inheritance are as follows:

• Young and sick children who cannot support themselves;
• Dependents for whom the heir is responsible;
• Incompetent parents;
• An official partner who is temporarily or permanently unable to work.

In the absence of a will, the distribution of the inheritance shall be determined by law; relatives in the same group shall have equal rights; first, the assets and the shares shall be acquired by the spouses, sons and daughters, the father and the mother; and if the deceased does not have such close relatives, the property shall be handed over to the persons of the following stages.

The spouse shall have half the share of the property acquired during the marriage, and the rest shall be passed into the inheritance if the widow or widower has not decided to sue him.

Under an agreement between the partners, the deceased ' s savings may move entirely to the partner or be shared equally between the relatives.

Step 2 — Inheritation

In order to obtain a legal share of the marriage, a notary will have to be visited before collecting the necessary papers and then a standard application is made for a portion of the funds; a notary office in the area where the deceased spouse lived should be selected.

Applications:

• The name of the notary office is written on the right side of the sheet;
• Information about the surviving spouse — family name, first name, patronymic, home address;
• The title of the document is indicated in the middle, is written in large letters with the word "ANNOUNCEMENT" and the following line, also in the centre, adds the reason for the writing ("On the spousal lobe").
• Information about the deceased — name, first name, patronymic, date of death, last place of residence;
• A list of common properties – indicates the address of the apartment or land, the name and number of the machine, the deposit account where the finance is stored;
• The existence of a marriage agreement is sufficient to report the existence of such a contract;
• Request for a percentage with reference to legislation;
• The date of writing and the applicant ' s signature.

Six months are allocated for the transfer of property, which starts at the commencement of an inheritance case, which usually coincides with the time of death of the spouse, as determined by the judge or medical staff.

If in six months the successor has not accepted an attempt to obtain the deceased's assets, further proceedings will be conducted only through a court, and in order to convince the judge of the need to settle the claim, it will be necessary to prove that the violation of the time limit occurred on good grounds – prolonged treatment, stay abroad without the possibility of entering Russia.

Phase 3 — Preparation of documents for processing

The marriage share of the inheritance is given after the delivery of the package; the list is regulated by law, but the final list can be taken from the notary; the authorized person takes into account the circumstances of the particular situation on which the list is based (e.g., a marriage contract may be required).

List of documents to be provided to the notary office:

• Confirmation of the death of the spouse - medical report, judgement;
• A document confirming the marriage (the notary must be satisfied of the reasons for the citizen ' s claim to inheritance);
• The deceased ' s right to own property (the contract of sale may be granted);
• The estimated cost of savings, as determined by the authorized service or evaluator.

The heir ' s certificate is subject to a tax; for first-line successors, the amount of the government service is 0.3 per cent of the valuation of the heir ' s property, but not more than 100,000 roubles.

Step 4 - obtaining a certificate of right to inheritance

The document authorizing the extradition of the spouse ' s share may be taken back six months after the death of the spouse; the inheritance may be processed earlier if the authorized person is satisfied that the unknown heirs of the deceased cannot suddenly appear; the extradition takes place only after the necessary documents have been provided.

Allocation of the marital share: agreement or claim

It is not easy for a wife to give a gift to her husband, but if she gives it to her husband, they are considered to be in common, and they are bought after the marriage; but if you give it to her, it is a matter of personal gain; and if you give her a share of it, there are situations in which there is conflict with those who seek to inherit.

Methods of determining the marital share:

• The drafting of a peace treaty on the sharing of inheritance assets (usually a written act of consent between the two parties to the conflict);
• Court proceedings in an action based on an unlawful notary action.

Lawyers in any case sought to resolve the problem in pre-trial proceedings by negotiating and proposing compromise solutions; if a peace agreement could not be reached, they would have to file a statement of claim and prepare for court hearings.

Conclusion of agreement

Relatives can enter into a peace agreement in the form of an inheritance, as stipulated in the Civil Code. The main condition of the deal is that there is no compromise over the existing laws and rules of succession.

The agreement is freely drafted, there are no clear rules for writing it, the paper is assured by the notary, otherwise the transaction is null and void. The agreement is a written agreement between the relatives, allowing for the peaceful division of the deceased's inheritance into shares.

Submission of a claim

If the succession disagrees with the separation order, it is permitted to apply to the court which deals with civil matters, and the suit is made in accordance with strict rules and requirements, otherwise the application to the court for the allocation of the marital share of the inheritance will not meet expectations, i.e. it will not be heard.

Claims filed by the court:

• The authority to which the claim is directed;
• Information about the applicant and the defendants - name, name, patronymic, address of residence, telephone number;
• The estimated value of the share of the assets collected during the legal marriage;
• The circumstances of the conflict – the grounds for the dispute, the causes of the death of the spouse, the list of property belonging to the deceased;
• The purpose of the claim is to recognize the applicant ' s rights to property and to allocate a legal marital unit;
• List of attached materials;
• The date of writing and the plaintiff's signature.

A certificate of marriage and the death of a partner (the report of a medical doctor or judge) as well as the right to own the property that has given rise to the dispute shall be submitted to the court, together with the claim, and the marriage contract and the order of the deceased (if any) shall be attached.

Renunciation of the marital share of the inheritance

When the question arises as to whether it is possible to renounce the marital share, the Russian Civil Code, which states that close relatives have the right not to accept inheritance rights, even those which they are entitled to under the law, must be carefully studied.

No one has the power to interfere with or attempt to change the mind of the widow or widower, but in any case the spouse must be aware of the legal risks.

Among the stages is the abandonment of the marital share of the inheritance:

1. Preparation of a package of papers: a passport, a marriage certificate and the death of a family member are required.
2. Formation of a refusal in text: The citizen describes the reason for his decision without slang and complex scientific terms; it is sufficient to write a few sentences indicating a voluntary desire to renounce inheritance rights.

Referring to the document received, the notary deprives a citizen of his or her legal share.

All property is then handed over to relatives, friends, colleagues and others under the law or under the last will of the deceased.

When a written request to refuse a marital share in the inheritance has not been made or granted to authorized persons, the legal part of the grieving partner shall not be transferred to third parties.

Adjustment of surviving spouse ' s share of inheritance

Both spouses have equal property rights, but there are situations in which the state of health or the behaviour of the spouse may be changed in the amount of the share of common property.

Reasons for adjustment under article 39 of the Family Code:

• Having a couple of minor children;
• One of the partners is incapable;
• The family ' s financial condition was damaged by the husband or wife.

The surviving spouse's share in the inheritance is reduced if he has led a harmful lifestyle – he regularly used a large amount of alcohol, addictive drugs, and he lost the family's budget in gambling; there may also be adjustments if the spouse has evaded his earnings and has not participated in family life.

Allocation of the marital share of the inheritance

As stated in article 256, paragraph 1, of the Code of Criminal Procedure, property acquired by spouses during marriage is their joint property if the contract between them does not establish a different regime for such property; the same legal regulation of the regime governing the property of spouses is established in the Family Code of the Russian Federation (arts. 33, 34, 36, 39).

If the spouses have not entered into a marriage contract in the course of their lives or one of them has not acquired the property by way of a free transaction, the property acquired by them during the marriage in joint funds shall be transferred to their joint property and the spouses ' shares shall be recognized as equal.

The surviving spouse ' s right to inherit does not diminish his right to some of the property acquired during the marriage and joint property of the heir.

However, in accordance with article 1150 of the Russian Civil Code,by the joint will of the spousesorby a treaty of inheritanceOther rules and conditions for the inheritance of common property by the surviving spouse may be envisaged.

The deceased spouse ' s share in this property is determined in accordance with article 256 of the Criminal Code of the Russian Federation. In addition, in determining the surviving spouse ' s share, it is necessary to ascertain whether the property was acquired during the marriage by means of a joint fund.

In the case of property acquired by spouses during marriage, the legislator, in article 34 of the Criminal Code, includes the income of each of the spouses from work, business and intellectual activity, pensions, benefits and other non-special-purpose cash payments (amounts of material assistance, amounts paid in compensation for loss of work due to injury or other damage to health, etc.).

The common property of the spouses shall also be movable and immovable property, securities, pari, deposits, shares in capital made to credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, irrespective of whether it is acquired in the name of the spouse or in the name of whom or by whom the money is made.

The regime of joint property of the spouses extends to all property acquired during the marriage and where one of the spouses during the marriage was responsible for the household, for the care of children or for other valid reasons did not have an independent income.

It should be borne in mind that, under article 256, paragraph 2, of the Civil Code of the Russian Federation, property belonging to each of the spouses may be recognized by the court as their joint property if it is established that, during the marriage, investments have been made from the common property of the spouses or from the personal property of the other spouse, significantly increasing the value of the property; this rule shall not apply if the marriage contract between the spouses provides otherwise.

As proof of ownership of the surviving spouse, half of the property in common with the heir is a certificate of ownership of the share in the common property of the spouses, the issuance of which is provided for in article 75 of the Basic Law of the Russian Federation on Notaries.

In the event of the death of one of the spouses, the issue of a certificate of ownership of a share in the common property of the spouses is made by a notary at the place of the spouse.Opening of the inheritanceOn the written statement of the surviving spouse informing the heirs of the inheritance.

A certificate of ownership of the share in the common property of the spouses may be issued to the surviving spouse for half of the common property acquired during the marriage.

On the basis of a written declaration by the heirs of the inheritance and with the consent of the surviving spouse, the share of the deceased spouse in the common property may also be determined in the certificate of ownership.

The owner ' s share of the property owned by two or more persons (general property), belonging to the heir on the date of the opening of the inheritance, including property rights and obligations.

Intangible goods, non-material rights and duties, as well as property rights and obligations inherent in the identity of the heirs (right to maintenance, right to compensation for damage to the life or health of the citizen, etc.) are not included in the inheritance. This is the agreement of the persons entering into marriage or the agreement of the spouses defining the property rights and obligations of the spouses during the marriage and (or) in the event of its dissolution; the marriage contract is concluded in writing and is subject to a notary certificate.

What's the marital share of the inheritance under the law?

And when one of them is dead, what is the share of the property left behind for the other?

The concept of "marital share" and types of property

According to the Family Code of the Russian Federation, it is customary to understand the rights of spouses to property jointly acquired in an official marriage, for example, every spouse has the right to property equal to 50 per cent.

During the life of the couple, there are two types of property:

An example is that, while married, the spouses took a two-room apartment into the mortgage, which was paid jointly for 10 years; thus, at the end of the mortgage payments, the spouses have equal rights to the apartment, and the immovable property becomes a "jointly acquired" property, which means that the spouses have the same marital share.

• Personal property, i.e. acquired by one of the spouses before the official marriage, in addition to which personal property is considered to have been donated or inherited.

Personal property may be considered: copyrights, insurance payments, as well as other personal property (only one of the spouses benefits).

What law determines?

Article 34 of the Family Code of the Russian Federation regulates the share of jointly acquired property; for example, the spouses have equal rights (fifty per cent of the marital share) in the following property:

• Real and movable property (a flat, a private house, a plot of land, a machine, machinery, furniture) acquired by the spouses from the time of the official marriage;
• Money that husband and wife earned in private activities (IP);
• Moneys that the husband/wife received as pension or other social benefits;
• Valuable booms;
• Contributions;

It does not matter whose name the deposit is registered and which of the spouses owns the securities; the main condition when the property becomes common, for which the spouses share equal shares, is an official marriage.

In order for the spouse to receive his or her share of the inheritance, the other spouse does not have to make a gift or a will.

Which document determines?

It is not only article 34 of the Family Code of the Russian Federation that determines the marital share of the inheritance, for example, by concluding a marriage contract, the spouses may determine the marital share of each of them in the joint inheritance.

In order for a document such as a marriage contract to become legally valid, the spouses must assure it from the notary by writing down the marital share (e.g. 30/70) that they can agree on.

The principle of distribution of property

The principle of separation of property upon the death of the spouse depends on the type of property.

• After the death of one of the spouses, 50 per cent of the joint property is passed on to the surviving spouse; this half is not subject to further inheritance and belongs exclusively to one spouse; and the second 50 per cent may be divided among the other heirs (children, parents, etc.), depending on the degree of kinship.
• Personal property is subject to inheritance: the second spouse does not have a 50 per cent right to property and can only claim it with other heirs;

How can I single out?

First of all, a notary who will be able to identify the spouse ' s share in the joint estate and personal property will need to be contacted;

A notary must be contacted at the place of permanent registration of the deceased spouse.

At the notary office, the spouse must fill out a special application, after his notary gives him a certificate confirming 50 per cent ownership of the joint property;

If a marriage contract was drawn up in the life of the couple, obtaining a certificate from a notary would be even faster.

The notary will then notify the other heirs of the need to declare its intention to inherit;

Other heirs do not have a 50 per cent dispute over the surviving spouse ' s share.

List of documents

Before going to the notary, the living spouse needs to make sure that the application is made and that a package of documents is required.

The application for marital share shall contain the following information:

• The full name of the notary ' s office, to which the husband ' s belly refers;
• Live spouse ' s statements: Name, surname, patronymic, address of actual residence and place of permanent registration;
• The title of the document is then marked, namely, "Statement of spousal share";
• Claims of the deceased spouse: name, patronymic, address of actual residence, place of permanent residence, date of death;
• Furthermore, the main part should indicate what property the spouses have acquired since the marriage;
• In addition, the existence/non-existence of a marriage contract should be indicated;
• In the final part, the applicant must specify a requirement, namely "the allocation of the marital share of the property jointly acquired";
• At the very end, the date of the application and the personal signature of the living spouse are prescribed;

In addition to the application, the spouse needs to prepare the following list of documents:

• Certificate of death of the deceased spouse;
• Marriage certificate;
• Property documents, which under the Act is considered to be joint property (consale contract for an apartment, registration documents for a vehicle, etc.);
• Marriage contract (if any);
• If the deceased husband has a child under 18 years of age, the written consent of their guardianship authority must be given;

Once all the necessary documents have been provided, the notary examines them carefully and then issues a document to the living spouse confirming the right to inherit joint property.

How do you get a share in personal property?

There are two ways to obtain a marital share of the deceased spouse ' s personal property:

According to article 256 of the Civil Code of the Russian Federation, if the spouse has not left a will or a gift in the course of his or her life, the surviving spouse shall receive exactly half of the property; the second part of the property shall be divided between the spouses on the basis of inheritance.

If, in the will, the deceased spouse has identified the other heirs of his or her property, forgetting the second spouse, the living spouse has the right to appeal the application and to receive the share of the property that is due to him or her under the Act.

How do I change?

In accordance with article 39 of the Family Code of the Russian Federation, the marital share may be reduced or increased by one of the following factors:

• If the living spouse has a child under the age of 18 years, the marital share may be increased when applying to the court;
• If the living spouse has a degree of disability, the marital share may also be increased when applying to the court;
• If the living spouse is dependent on alcohol or drugs/cruelly treats children, the marital share may be reduced in favour of the other heirs when applying to the court;

Can I say no?

In accordance with articles 9 and 236 of the Civil Code of the Russian Federation, a living spouse has the right to renounce his/her marital share, which requires that he/she contact a notary and complete the application form for waiver of ownership of the property left behind by the deceased spouse.

How can you defend your marital share in a court of law?

If the heirs are unable to determine the percentage of personal property left behind after the death of the heir and ignore the spouse ' s legal share of the living spouse, they will have to go to court and defend their share in court.

In order to apply to the court, the husband must prepare the following documents:

• Completed statement of claim;
• Certificate of death of the second spouse;
• Marriage certificate;
• (If there is) a marriage contract;
• A document drawn up by the deceased spouse in the course of the life in which the shares of the inheritance (the will, the gift);
• Documents for the joint property of the spouses;
• Additional documents are at the discretion of the judge;

How is the marital share of the inheritance determined by law?

In Russia, inheritance relations between spouses are governed by the law.

Marital share and the manner in which it is allocated

The marital unit is the property acquired by a living spouse during the division of the inheritance, which should be separated from the rights of compulsory applicants and other means of obtaining objects; the marital portion is half of the property acquired jointly.

It had recently become possible in Russia to create a joint will of the spouses; once the transaction had been completed, the second party would receive all the objects before its death; after the death of the widow or widower, the instructions set out in the document would be carried out, i.e. the estate would pass to the said persons.

A joint will avoids conflicts after the death of the heir.

The right to property is transferred to the widower or widower, so the other party is guaranteed the opportunity to live in the former territory, to maintain a normal way of life and to share property.

At the same time, the will cannot be changed or revoked after the death of the spouse, so the heirs may not be concerned about the possible redistribution of shares or the emergence of new successors.

A common will means that the estate cannot be abandoned, and the living spouse must take all the property, i.e. the debt of the second party.

Distribution of inheritance

Regardless of the method of obtaining real estate (a joint will of the spouses, a separate recorded will or standard procedure), a specialist is required to visit the distribution of the property.

If you have a will, you must contact the person who has certified the document; most often the husband knows where the copy is kept.

Otherwise, it is necessary to check the immediate location of the spouse ' s office; in the absence of a recorded expression of will, it is recommended to visit the offices which are located close to the previous address of the couple ' s residence.

If the spouse knows that there is no will, contact the nearest address of the office; sometimes the case is opened in a branch near the main part of the estate; in some cases the place is determined by the court; it is important to apply to the same office; otherwise, differences will arise in the determination of the marital unit and the division of property.

In order to open the case, the proponent must provide a death certificate. If there is a recorded will, the notary shall read the text within 15 days, at which time the specialist shall search for the alleged or identified successors through the local media or through the post office.

The applicant is advised to prepare an application package in advance; a copy of his/her own passport and marriage certificate must be provided to the spouse in order to obtain the inheritance.

Depending on the type of facility being acquired, other papers may be required.

You can file an application within six months of the commencement of the case; if the husband is late, he will have to negotiate with other successors or prove in court that the reason was valid; for example, he was physically unable to visit the office because of his travel.

A claim must be filed within six months of the disappearance of the obstacles; a contract between the candidates shall be drawn up with the voluntary division of property and the consent of the other applicants.

The document is handed over to the notary, after which he redistributes the objects.

In standard cases, the certificate is issued after the termination of the inheritance case, i.e. after six months, and the specialist distributes the property in the light of all the circumstances.

The spouse retains the possibility of obtaining ownership of the share remaining after the primary division.

Legacy by law, by will

In the absence of a recorded expression of will, the objects are distributed among the successors of the current line according to the law; the lawful spouses are priority heirs and therefore have equal rights to obtain real estate; however, even in such a case, the marital share of the inheritance may first be obtained.

If there is a will, the persons who have been identified by the proponent are entitled to the facilities; however, the document may be challenged if its content is contrary to the law, including the inclusion in the mass of an object that is jointly acquired, the neglect of mandatory candidates or the absence of a marital unit.

In order to protect their rights, the living spouse would have to turn to the highest authorities, sometimes finding the best solution with the other heirs, but the division was more often judicial.

In such cases, the total period of limitation is 3 years, but it is recommended that an application be filed within 6 months in the event of a violation of rights.

Sometimes the referral may be accepted later, but additional evidence will be required.

The procedure of succession

The procedure for succession depends on the existence or absence of a stated will; in the latter case, the rights are transferred according to the order in force.

If all representatives refuse or do not file an application for a share (i.e. a marital partner), the possibility of acquiring objects will be transferred to the next group of successors.

If there is a registered will, only the persons concerned are entitled to real property.

A living spouse may formulate a new will, but it must not conflict with the general one, i.e. only unrecorded property may be included in the estate.

The second party is free to receive all the deceased ' s property, and it is transferred to the other persons only after the death of the living spouse.

Marital rights in inheritance

The rights of the spouse are subject to the circumstances and the parties to the relationship are entitled to property in the following cases:

1. The division takes into account joint property: in standard cases, property acquired as a result of an inheritance or a gift contract or any other property in which the other party did not take part may not be divided; however, the spouse may challenge the item if he proves that he or she has contributed to the improvement of the facility or to the increase of its value; for example, he or she has processed the site or repaired the machine.
2. A common will of the spouses: When a contract is concluded after the death of one of the parties, the other receives all the property; the persons mentioned in the document acquire property only after the death of both spouses; and it is almost impossible to challenge or change the will, and it is a guarantee for the safety of the widow or widower.
3. In standard cases, the lawful spouse exercises the right to inherit the marital unit; if the cohabitant is a citizen, he or she may acquire the property only by will or in court; the second party must prove that she or she was involved in the acquisition of the property; if the spouse retains the checks and receipts, the court may issue a favourable decision regardless of the lack of legal registration of the marriage.
4. Acquisition of property on general grounds: The lawful spouse is a priority candidate or may be specified in the will; rights are retained even if there is no joint property.
5. The right to a compulsory share of property may be acquired by dependent spouses (in civil marriage), disabled persons or pensioners, including persons who have been unable to work and who have received assistance from the deceased for a minimum of 12 months and have lived with them in the common territory.

A widow or widower may also be deprived of rights in the following cases:

1. And if you make a mistake or commit an unlawful act, for example, kill your husband or your wife; indeed Allah is Oft Forgiving, Most Merciful.
2. Refusal of the marital share: The spouse may voluntarily transfer the second part to the other successors or to the State.
3. Civil marriage: If the relationship is not registered, in most cases the spouse does not receive property after the death of the second party, except for participation in the acquisition of property or the right to a compulsory share.

The rights of a widower or widower are guaranteed by the possibility of obtaining a marital unit, but an additional successor may claim the remaining property after the allocation of the share.

In some cases, the spouse may be deprived of his or her property, so it is advisable to be concerned in advance about possible problems.

Joint expression of will is the safest way if both sides trust each other.