Does a husband have a right to his wife's inheritance?

Is a spouse entitled to his wife's inheritance received during marriage? As a general rule, inherited property is the personal property of the heir, which is not subject to distribution upon divorce. However, the law contains a number of exceptions in which divorce will also affect the division of inherited property.

What is a wife's personal property?

• if things, items or objects are presented personally to one of the partners;
• if the property was acquired under a privatization transaction by only one of the spouses (in this case, the second partner may have the right to permanently use the housing);
• if one of the partners received an inheritance by law or will.

The personal property regime allows not only to formalize rights to only one of the spouses (for example, who received property by inheritance). At the same time, an exclusive right to dispose of property or money arises, and the consent of the second spouse for such actions is not required.

The basis for the emergence of personal property rights will be a certificate of inheritance, which will be issued at a notary's office.

To do this, the spouse indicated in the will or who was a relative of the deceased citizen submits an application for acceptance of the inheritance to a notary. This must be done no later than six months after the death of the testator, and the application is submitted without the consent of the second spouse.

Movable property is transferred to the heir-wife in kind, and rights to real estate or vehicles must be registered with the authorized bodies.

For example, an apartment, residential building or land plot is registered through the “My Documents” MFC or the Rosreestr service.

The car is registered in the name of the heir through the territorial divisions of the State Traffic Safety Inspectorate; for this you need to submit a certificate of inheritance.

Here's what a wife can do with inherited property:

1. sell it at your own discretion without the consent of your husband, and the money received does not go to the general family budget;
2. donate or exchange property by your own decision;
3. transfer property by inheritance to your relatives or draw up a will in favor of strangers;
4. change the legal regime of property by concluding a marriage contract, thereby establishing joint or shared ownership.

It is the latter option that will be the basis for the division of property upon dissolution of the marriage relationship.

The greatest difficulties may arise if the wife inherited only a share in the common property of the deceased citizen (for example, 1/3 of the share in an apartment). In this case, the husband will not have any rights to the remaining 2/3 shares, even if 1/3 is transferred by the wife to joint property.

How to change personal property regime

Let's consider the procedure for concluding a marriage contract if its subject is inherited property. To do this, you must follow the following rules:

• the partners must come to a mutual agreement on the procedure for resolving property issues - what property, and in what shares, will be distributed between the spouses, including in the event of a possible divorce;
• the agreed conditions are set out in writing, this is exactly the form of the marriage contract provided for by the RF IC;
• In order for the marriage contract to come into force, it must be certified by a notary office.

The notary checks the legal capacity of both spouses and their ability to understand what is happening. In addition, the absence of facts of coercion, threat or fraud during the execution of the marriage agreement is verified.

The text of the marriage contract may provide for the re-registration of rights to inherited property during family relations, or indicate the procedure for division in case of divorce.

Please note that unilateral refusal to execute a marriage agreement is unacceptable, except in cases expressly specified by law (for example, if the specified document is invalid).

For this reason, it is necessary to carefully weigh all the possible consequences of this option for resolving property issues.

If there is a marriage contract, divorce occurs as follows:

1. in the absence of objections from the parties, property is divided in strict accordance with the clauses of the agreement;
2. if one of the spouses evades fulfillment of the agreement or refuses to follow its provisions, a lawsuit is filed;
3. the court divides the property under the terms of the marriage contract, after which the decision will be enforced.

By mutual consent of the spouses, changes can be made to the marriage agreement at any time. For example, if, within the framework of family relationships, spouses received property by inheritance several times, you can foresee in advance the procedure for turning it into joint property, or make changes to the marriage contract each time.

A marriage contract drawn up under duress, threat, violence or misrepresentation may be declared invalid by a court of law. If such facts are proven by the interested party, all property will again return to the personal property of the heir-spouse.

Can a husband claim his wife’s inheritance if this issue is not regulated in the marriage contract? This possibility exists only if, at the expense of the general family budget or the husband’s personal savings, the inherited property has been significantly improved. Let us consider the features of proving this fact.

How to divide inherited property when improving it

If the husband not only participates with his own labor in improving the property received by his wife by inheritance, but also invests significant funds in it, he will be able to qualify for division after a divorce. Here are the rules that will be taken into account in this case:

• the significant nature of the improvement of the property will be determined by the court - the value of the thing or object itself, the amount of cash investments, and the changed characteristics of the property are considered;
• the court evaluates the proportionality of the invested funds and changes made in relation to the original cost of the property and its characteristics;
• the decision will indicate the size of the share that the husband will receive, taking into account his contribution to improving the property (the specified amount is determined by the court at its own discretion, taking into account the evidence presented).

What can be done to improve inherited property? For example, for an apartment this could be an expensive renovation, but for a residential building it could be reconstruction with an increase in living space and the addition of new premises.

For the court, you need to confirm the amount of invested funds - for this, the husband must submit estimate documentation and payment documents. If you inherited faulty equipment, carrying out a major overhaul to eliminate all breakdowns will also be considered an improvement.

Inherited property will not be divided if the nature of the improvements is not commensurate with the original characteristics. For example, if only ordinary cosmetic repairs were made to the apartment at the husband’s expense, its cost will be clearly disproportionate to the price of the property. In this case, the allocation of a share during division will be refused.

Sale of inherited property

Other division options are possible if the funds are sent by the wife to purchase new property (for example, real estate). If the husband participates in the purchase by investing his own savings, or joint family money is used for the purchase, the property will be considered as joint or shared property of the spouses.

As part of the divorce process, the amount of additional investments will be established, as well as evidence of the allocation of funds from the husband or the family budget will be checked.

If the acquired property was registered in the name of common children, it will be excluded from division, even if both spouses invested their savings in equal shares.

Can a wife enter into inheritance rights after the death of her husband or divorce?

A man may have more than one marriage in his entire life. At the same time, he acquires various material benefits, in the form of a car, apartment, etc.

Each wife has the right to receive half of the marital property after divorce. But, in the event of death, the spouse has no rights to her husband's property. This rule has a number of exceptions.

To deal with them, it is necessary to consider in detail the legislative framework for regulating relations between spouses.

How to allocate your part of the inheritance

Does the ex have rights to the inheritance of her deceased husband? This question can often be heard from women who have recently suffered a bereavement. She, like the rest of the testator’s legal successors, must perform the following actions to receive her part of the inheritance:

• collect all necessary documents for filing an application;
• write an application to assume rights to your share of the inheritance;
• send documents to the institution where the case is being conducted, but no later than 6 months after the death of the spouse;
• obtain a certificate and register it with Rosreestr.

There are cases when a wife does not have time to submit documents within six months for a valid reason. To restore her rights to part of the inheritance, she needs to apply to the judicial authorities with a corresponding claim.

What documents need to be completed to receive an inheritance?

The ex-wife has the right to inheritance if she presents an appropriate certificate that states her rights. To receive it, the spouse must prepare a number of the following documents:

• passport;
• the reasons why the applicant has the right to allocate his own share from the spouse’s inheritance;
• application for a certificate;
• receipt of payment of state duty;
• certificate of registration of the death of the spouse whose property is inherited;
• documents that can confirm the existence of rights to inheritance (if any).

The state fee for filing such an application is calculated as 0.6% of the total value of the inherited property. At the same time, the amount of this state duty cannot be more than 1 million rubles. This is indicated in clause 22, part 1 of Art. 333.24 of the Tax Code of the Russian Federation.

Can an ex-wife claim her husband's inheritance?

The ex-wife inherits in two situations. In the first case, her husband had to indicate in the will the list of heirs. If he did not do this on his own, then the legislation of the Russian Federation provides for situations where the wife has rights to inheritance without including her in the will.

Receiving a share of the husband's inheritance under a will

The legislation of the Russian Federation states that citizens of the state have the right to dispose of their property at their own discretion, and, accordingly, draw up a will according to the same principle. If in this document a spouse is registered among the heirs, then in this case the ex-wife has the right to inheritance legally.

For a will to be legally valid, it must meet the following requirements:

• the document must clearly indicate the details of the testator and heirs;
• the will is drawn up in writing;
• the document must indicate the date of its preparation and sign;
• the application must be notarized.

It is important to take into account that at the time of drawing up a will, the man must be of sound memory and legal capacity.

If during the verification of the will it is noticed that it was drawn up in violation of the requirements established by law, it may be challenged in court. In this case, the interested parties will be the legal heirs.

If the will is declared invalid, then the spouse who received her part of the inheritance is obliged to return it to the legal heirs.

Entry into the rights to the ex-husband’s inheritance according to the law

The property is distributed among the heirs in order of priority. There are seven such queues in total. The rights to the testator's property can pass to the next priority if all representatives of a higher rank have abandoned it or are unable to take their share (for example, in the event of death). The heirs of the first stage are the parents, spouses and children of the deceased.

Former spouses are nowhere specified in the law as legal successors to inheritance. Therefore, the ex-wife will not be able to claim her rights to the inheritance.

But, in Art. 1148 of the Civil Code of the Russian Federation spells out a nuance that creates an exception for this situation. According to this law, there is a category of heirs, which includes dependents.

This is a category of people who have no family ties with the deceased.

According to the law, the wife has rights to the inheritance of her ex in the following cases:

• she cannot work upon reaching retirement age or if she has a disability group;
• the woman lived next to the deceased, and he provided her financially.

To prove such situations, the wife needs to collect papers that will serve as official documents.

How can an ex-wife receive her husband's inheritance?

If a wife has the right to the inheritance of her deceased husband, then she must go through the standard procedure for registering rights to her share.

In an application for rights to a share in the ex-husband’s inheritance, the wife must provide the following information:

• passport details;
• the reasons why she has the right to claim the inheritance;
• a list of property that she has the right to receive in the amount of her share;
• description of these objects;
• information about other applicants for inheritance;
• a list of documents that must be submitted along with the application;
• the date when the application and signature were drawn up.

Such a statement must be drawn up at a notary agency.

Also, the following documents must be collected and attached to such a document:

• copy of the passport;
• a copy of the document in which the death of the ex-husband is registered;
• a copy of documents about the wife’s incapacity for work, her dependency (if this is the reason for the wife’s entry into the rights to the ex’s inheritance);
• a copy of the will (if it is the reason for obtaining inheritance rights).

In order for the application to be drawn up correctly, the following nuances must be taken into account:

• various names of cities, streets, full names cannot be abbreviated;
• It is more convenient to write a list of objects that are inherited;
• correction and use of a proofreader are prohibited;
• The wife's signature must be certified by a notary.

How is the share of the deceased husband's ex-wife allocated from his inheritance?

The ex-wife has the right to half of the jointly acquired property with her husband during married life. It does not matter at whose expense it was acquired.

If the spouses divorced but did not divide the property, after the death of the husband, the wife has the right to receive her part of the jointly acquired property. In this situation, part of the wife’s property is allocated first.

By law, an ex-wife has rights to her deceased husband's inheritance in special cases. To do this, she needs to be disabled and has the opportunity to prove the fact that she was dependent on her husband.

The second reason for obtaining inheritance rights is living together in the same territory with your ex-husband. It is much easier for a wife to receive her inheritance if her husband has made a will and indicated her in the list of heirs.

If she takes legal rights, then for this it is necessary to collect a package of relevant documents that will become evidence of inheritance rights.

Does a wife have the right to her husband’s inheritance from his parents, does a husband have the right to his wife’s inheritance received during marriage

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Inheritance of objects left after the death of one of the spouses is often associated with a lot of nuances. These include the issue of allocating the marital share, the presence of a will or marriage contract, dependent status, and others.

But the key is assets acquired before marriage or those that were gifted/inherited. Such property does not fall under the definition of joint property. Therefore, it is not subject to division between spouses. Inheritance of personal property occurs in the general manner.

Let's consider whether a wife can claim her husband's inheritance.

Does a wife have the right to her husband's inheritance from his parents?

In accordance with the law, the transfer of property rights during inheritance occurs:

• between blood relatives;
• between official spouses.

An exception may be a will. An administrative document allows the alienation of objects to third parties, enterprises or authorities. The testator's freedom of expression is limited only by the right to an obligatory share. The legislator prohibits restricting the rights of socially vulnerable citizens (Article 1149 of the Civil Code of the Russian Federation).

Consequently, the wife is related to the estate of her husband’s parents if she is personally the legal successor under the will. In the case of inheritance by a spouse (regardless of the grounds for receiving the property), the woman has no right to a share.

It is necessary to pay attention to the fact that the husband also has no rights to his wife’s property if she became the heir to the property of his parents under the will.

Is a husband entitled to his wife's inheritance received during marriage?

Objects acquired during marriage are considered joint property of the spouses. Such items are subject to division upon divorce or after the death of the wife.

However, the rule does not apply to gifted or inherited property. For example, if the apartment was accepted by the spouse after the death of her or his parents.

The husband's rights to his wife's apartment:

• he cannot claim personal property in a divorce;
• can freely use the property during the marriage.

In the event of death, the spouse's personal property is inherited by the claimants in equal shares. The husband acts as one of the co-heirs. The marital share rule does not apply here.

If a spouse sold an inherited apartment and bought a more expensive home using family savings, then such property will be considered joint property. Moreover, it does not matter which of the spouses the property will be registered in.

Does a spouse have the right to an apartment received by inheritance?

The regime of joint ownership can be changed by concluding:

• marriage contract;
• share allocation agreements;
• court decision.

If the contract was not drawn up, then upon divorce, a share in the amount of ½ part is separated from the joint property. The order of division can only be changed in court. Inherited objects cannot be divided.

In court, a citizen can prove that she has significantly improved the inherited property (made repairs, paid for reconstruction). If the actions significantly increased the value of the property, the judge will allocate a share of the estate to the spouse.

Rules of inheritance in the event of the death of a spouse

No. Rules

1	The marital share from the common property is allocated until the property is divided between the heirs. The action is carried out at the request of the co-owner.
2	The remainder of the property is to be divided equally among all heirs. The husband/wife inherits the share of the deceased spouse according to the general procedure.
3	If the property (apartment, house) was inherited by the spouse, then it is considered his personal property. Consequently, such property is not divided between spouses.
4	The personal property of the deceased citizen is divided among the heirs in equal parts. In addition, the testator has the right to bequeath the inherited property in whole or in part to any recipient.

Example. As a result of the death of her husband, an inheritance was opened. It included two apartments (1 and 3 rooms) and a car. Joint property included a 3-room apartment and a car. The one-room apartment was inherited by the husband. The testator did not make a will.

The heirs are his wife, daughter and son from his first marriage. All applicants declared their rights. At the same time, the widow announced the allocation of the marital share from the inheritance mass. Distribution of shares in a 3-room apartment and car – wife (50+16.66%), daughter (16.66%) and son of the testator (16.66%).

Distribution of shares in a 1-room apartment – ​​spouse (33%), daughter (33%) and son (33%). This state of affairs was disadvantageous for all participants. To avoid litigation, the co-heirs entered into an agreement on the division of property. The 3-room apartment went to the wife and daughter of the testator. My son got a 1-room apartment.

The heirs sold the car. The money was divided equally among themselves.

Does a husband have the right to his wife’s apartment received by inheritance?

In the event of divorce, a man can claim a share in the inherited apartment:

• if he made improvements to the facility;
• if the division is provided for by agreement or marriage contract.

In other cases, during a divorce, the woman retains full ownership of the apartment.

The husband has the right to claim a share in the apartment after the death of his wife. However, such a right arises exclusively in cases of inheritance by law.

If a woman has drawn up a will for an apartment, then the object will pass in favor of the person chosen by the testator.

Of the personal property that was acquired before marriage or inherited by the spouse after registration of the relationship, the spousal share is not allocated. The husband can only be one of the co-heirs.

Example . A family of 4 lived in a 3-room apartment. The property was inherited by the wife during the marriage. The spouses had no other significant property. The tragedy cut short the woman's life. The husband was left with 2 minor children (14 and 16 years old). The heirs declared their rights.

The relatives took over their rights and received the appropriate certificate.

Can personal property become community property?

The law (Article 37 of the RF IC) provides for the possibility of changing the ownership regime if the value of the object has increased significantly due to:

• investments of personal funds of the second spouse;
• investments of the spouses' common funds during the marriage;
• due to the personal work of the second spouse.

However, such issues are resolved in court. The plaintiff must provide evidence of investments on his part and changes in the real value of the object.

Determination of improvements occurs by comparing the cost of housing before and after reconstruction or redevelopment. If there is a court decision, the husband/wife can claim the allocation of the marital share both in case of divorce and in the event of the death of the spouse.

Since the defendant is the spouse, the process can only be initiated during his lifetime. After the death of the owner, the issue can be raised through a claim against the inherited property.

Will for husband/wife

The will fits very well into situations regarding the division of property between spouses and the order of inheritance of property by each of them. After all, inherited housing cannot be divided between spouses. Consequently, the owner can dispose of the property at his own discretion.

According to the law, property is subject to division between relatives of one of the lines in equal shares. However, the owner can redistribute the assets. For example, if he considers that one of the family members is unworthy of receiving them.

If necessary, the heir can be entrusted with the responsibility of supporting one of the relatives or providing them with living space (Article 1137 of the Civil Code of the Russian Federation).

The question of allocating the marital share usually arises during a divorce or as a result of the death of one of the spouses. However, not every spouse knows about their rights. In order not to get confused in the terminology or the procedure for distributing assets (personal/general), it is advisable to consult a lawyer. You can request a call back on our website.

A specialist will call you back at a convenient time. They will tell you what rights a husband or wife has, who can additionally claim property, and what is the best way to proceed when dividing property between heirs.

If necessary, you can order a draft agreement on the division of inheritance or agree on representation of interests in court in a claim to recognize the property as the property of the spouses.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

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Does a husband have the right to his wife’s inheritance according to the laws of the Russian Federation?

In our lives, no one is immune from the loss of loved ones: parents, husband, wife, children. The bitterness of loss falls heavily on the shoulders of relatives.

Therefore, when the issue of inheritance arises, people are often confused and do not always realize what exactly they need to do. Unfortunately, sometimes, in addition to all the unpleasant events, misunderstandings and quarrels arise in families over the division of property.

The most discussed issue of inheritance is the allocation of the marital share in the inherited property.

Mandatory spousal share in inheritance

When creating a family, every couple sets some goals and dreams of creating their own cozy nest. To do this, they earn money by saving the required amount, purchase housing, equip it, buy furniture, equipment, cars, etc. All things that spouses bought during their marriage are jointly acquired property.

Before becoming married people, people often already have their own personal property. When it comes to inheritance, it is worth noting that personal and joint property are inherited differently. Let's take a closer look at which objects are considered personal property and which are considered joint property.

Jointly acquired and personal property of citizens

In Art. 34 of the RF IC defines these concepts. Thus, joint property is considered:

• real estate and any movable property that a married couple purchased together during their cohabitation. This could be an apartment, house, land, car, furniture, etc.;
• funds accumulated by spouses as a result of work or through doing business;
• money that was paid to the husband and wife in the form of pension payments, scholarships or social benefits;
• shares and other securities, shares in the authorized capital that were registered by one of the spouses.

Personal property is allocated to a separate category. These properties were acquired before the couple were legally married. Also, if during the existence of the family one of the spouses received an inheritance or the property was transferred to him under a gift agreement, this property is considered personal.

Patents, copyrights, and compensation or insurance payments are considered personal property. Items that are used personally by one of the spouses cannot be considered community property, unlike luxury items and jewelry.

When the need arises to allocate the marital share, spouses should know that the property they have acquired during their life together will be divided between them in equal parts. And the property that each spouse had before the wedding remains in his undivided possession.

This division of property is discussed in our legislation.

Conclusion of a marriage contract

In fact, a married couple is not always guided by the laws. They have the right to limit certain property regimes in their marriage by drawing up a prenuptial agreement.

If there is a marriage contract, spouses have the opportunity to dispose of property at their own discretion. In addition, the allocation of the marital share will occur on the basis of the conditions specified in this agreement.

Important! A prenuptial agreement drawn up by spouses before marriage or during their cohabitation will have legal force only if it is drafted correctly. Among other things, do not forget about having the document certified by a notary.

How is the procedure for allocating the marital share?

Let's try to figure this issue out.

In simple terms, all property purchased by spouses together is divided into two parts of equal value. One of these shares legally belongs to the remaining spouse. The other half left by the deceased spouse will be inherited by the legal heirs. If the wife is also an heir, her share will be transferred to her.

The property that belonged personally to the deceased is divided in full between the heirs. The spouse can also claim part of it.

• How to draw up an application for the allocation of a spousal share?
• An application to the court sent by one of the spouses demanding the allocation of his marital share in the common property must be drawn up in accordance with the requirements of civil procedural legislation.
• Sample application for the allocation of a spousal share in the inheritance.

In this case, the remaining spouse acts as the plaintiff. The defendants are other assignees. The demands put forward by the plaintiff are aimed at protecting his rights in relation to property shared with the deceased spouse.

The application consists of the following points:

• The name of the court, personal information of the applicant and defendants, their addresses and contact numbers, the price of the claim, which depends on the value of part of the common property. All this data makes up the so-called “header” of the application;
• The name of the document is “Statement of Claim for Allocation...”;
• The crux of the matter:
• information about the date of marriage between the plaintiff and the deceased spouse;
• a list of property items, when they were purchased, supporting documents;
• a list of personal property of the plaintiff and spouse, supporting documents;
• date of death of the spouse;
• what are the controversial aspects of the case;
• The plaintiff’s main demand is the allocation of a share in property jointly with the deceased spouse, recognition of the plaintiff’s property rights;
• List of documents attached to the application;
• Date of;
• Applicant's signature.

The standard set of documents required in this situation:

• Document confirming the death of the property owner;
• Papers confirming the legality of the marriage relationship;
• Marriage contract;
• Will (if any);
• Property papers confirming ownership, real estate registration, technical and appraisal documents;
• Other documents required for the specific case under consideration.

A sample statement of claim can be downloaded here.

To inherit the share of property that belonged to a spouse during his lifetime, the remaining spouse must, in accordance with the law, do the following:

• clarify whether a will has been drawn up;
• collect a package of papers necessary for the case;
• draw up an application and submit it to the notary’s office at the place where the deceased’s inheritance was opened. This must be done within six months from the date of death of the owner of the property;
• obtain a certificate of inheritance from a notary;
• register property inherited after the death of a spouse in Rosreestr or in the MFC.

Recently, property owners have begun to draw up wills more often. Guided by this document, the distribution of property is carried out. If it does not indicate the spouse as the main or one of the heirs, he cannot lay claim to the property of the deceased. The exception is the inheritance of a compulsory share.

The procedure for entering into inheritance in this case is no different from the usual procedure. The heir must also contact the notary with a statement in which he indicates his intention to accept the inheritance.

In addition to the application itself, you will need documents without which it is impossible to receive an inheritance:

• a document confirming the existence of official registration of marriage in the registry office;
• identification document of the applicant;
• original or notarized photocopy of the will;
• if there is a representative, a power of attorney certified by a notary and a passport of the authorized person;
• certificate of ownership of inherited property;
• receipt of payment of state duty. In this case, it is 0.3% of the total value of the inherited property. Moreover, its amount cannot exceed 100 thousand rubles (clause 22, part 1, article 333.24 of the Tax Code of the Russian Federation).

The inheritance can be accepted within six months after the actual death of the testator or from the day specified in the court ruling on the date of death of this citizen. Sometimes, under special circumstances, the established period may be extended.

In the event that a will has not been drawn up, the inheritance passes to the legal successors. In the first line of heirs, in addition to the wife of the deceased property owner, are his parents and children. Thus, the spouse can receive a part from the property of the deceased husband, since his share will be divided among all the heirs of this line.

If there is a marriage contract that stipulates issues related to inheritance, controversial issues in inheritance do not arise. If there is neither a will nor a marriage contract, the legal successors may inherit half of the joint property of the spouses.

The property of the deceased spouse includes:

• ½ of jointly acquired property, if no other conditions are described in the marriage contract;
• That portion of property that can be inherited separately by a deceased spouse;
• Property that belonged personally to the deceased spouse.

The share owned by the wife in the common property is an inheritance estate. The heirs can be the persons specified in the will, or those legal successors who are in the appropriate queues characteristic of inheritance by law.

What rights to inheritance does a spouse have after the death of his wife:

• The spouse is first in line for inheritance by law. In the event that, in addition to him, the parents of the deceased are still alive, and she also has children, the property will be divided equally among all heirs of the first priority, including the spouse himself;
• If there is a will drawn up by the spouse before death, the spouse not specified in the document cannot lay claim to the property. His right as an heir can be used only if he belongs to the category of citizens entitled to an obligatory share in the inheritance of the deceased. Its size is half of the total property. If there are several compulsory heirs, the property is divided equally between them. Citizens entitled to a compulsory share include parents who are pensioners by age, a spouse who is a pensioner, young children, and citizens who were dependent on the testator. The rest of the property will go to the heirs according to the will.

The spouse who was not specified in the will as the primary heir has two guaranteed rights:

• He retains his share in the common property of the spouses acquired during their cohabitation;
• The ability to allocate a share of property by obtaining a certificate of ownership of the inheritance without the participation of the court.

To summarize, I would like to note that the spouse of the deceased has the right to inherited property. The main condition for compliance with this right is the state of marriage at the time of the death of the spouse. What share of the entire inheritance the husband will receive depends on the number of legal successors, the essence of the will, and the presence of heirs who have the legal right to an obligatory share in the inherited property.

Does the legal husband (spouse) have the right to inherit his wife?

• First, I will tell you how inheritance occurs, so that you can further understand the article, and then the situation with the wife’s inheritance for the husband has already been described.
• I suggest that you first understand and understand that you can inherit according to the law if the testator did not leave a will and under a will, respectively, if the testator left it.
• Entry into inheritance by law presupposes the order of heirs, this means that there are heirs of the 1st stage, 2nd stages, 3rd stages and so on until the 8th stage.

Usually, the heirs of the 1st stage enter into inheritance by law, at least in most cases.

If this happens and there are no heirs of the 1st stage, or they are deprived of the inheritance under Article 1117 of the Civil Code of the Russian Federation, or the heirs of the 1st stage refused the inheritance, then the heirs of the 2nd stage enter into the inheritance, and so on.

The meaning of the queues is that if there are no heirs of the previous queue, or they are deprived of the inheritance, or have refused the inheritance, then the heirs of the subsequent queues enter into the inheritance. But you must understand that the order of inheritance is applicable only when inheriting by law, that is, if there is no will.

By a will, the heir can limit the list of testators by law, that is, to include certain heirs no matter what order in the will and only those heirs indicated in the will will enter into the inheritance. A will can deprive a specific heir of an inheritance by simply not specifying him in the will.

But if the heir is not indicated in the will and at the same time he has the right to an obligatory share in the inheritance, then he will still inherit at least half of the property that would be due to him by law.

The testator's minor children, disabled adult children, disabled spouse and disabled parents of the testator, and disabled dependents of the testator are entitled to an obligatory share in the inheritance.

Undoubtedly, the husband is the heir of the first line and, of course, he has the right to inherit after the death of his wife by law. The list of first-priority heirs is regulated by Article 1142 of the Civil Code of the Russian Federation; these are the spouse, parents and children of the testator.

I will say right away that according to the Family Code of the Russian Federation, property transferred to one of the spouses during marriage through gratuitous transactions is not jointly acquired. A gratuitous transaction is a gift, an inheritance.

And everything that was directly purchased during the marriage is jointly acquired property, but again, property acquired with money from the sale of property transferred to one of the spouses in a gratuitous transaction is not jointly acquired, but it is better to draw up documents indicating that the acquired property during the marriage was purchased with money from the sale of property transferred under a will or under a gift agreement.

Example! The couple had been married for 10 years, during the marriage they purchased a car, a dacha, and the wife inherited an apartment (a free transaction). The wife died and left behind an inheritance.

The apartment was acquired during the marriage under a gratuitous transaction and is not considered jointly acquired property, however, the husband, along with all heirs of the 1st stage, has the right to inherit the apartment and it will be divided among all heirs of the 1st stage, children, spouse, parents of the testator, that is, all heirs will receive 1/4 of the apartment if there are 4 of them.

But as for the car and the dacha, they were acquired during marriage and are considered jointly acquired property, both in the dacha and in the car there is a husband’s spousal share, this is usually 50%.

With a dacha and a car, the situation is as follows: the husband’s spousal share is 50% of the dacha and 50% of the car, but the husband has the right to inherit after his wife, that is, her share in the dacha and in the car, and as a result, the heirs will divide the wife’s share in the dacha and in a car, but the husband’s 50% share in the jointly acquired property remains with him.

If, for example, there was 1 child and two parents of the wife, then 50% of the dacha and car will be inherited by the husband, child and two parents of the testator. The husband can renounce his share of the inheritance in favor of other heirs, or one of the other heirs can also renounce his share in favor of all heirs or a specific one; for example, it will not be possible to renounce only a part in a dacha or in a car; you can only renounce everything inherited property.

But the wife could have disposed of the property differently, drawn up a will before her death and bequeathed, say, an apartment to the children, but not included the dacha and car in the will.

Then the husband will also have the right to a spousal share in the car and in the dacha, which is 50%, and will also inherit according to the law as in the example, but he will not be able to inherit the apartment, since the testator disposed of it differently and did not include the husband in the will according to apartment.

The testator has the right to deprive one of the heirs of an inheritance simply by not including it in the will.

But the husband may also be recognized as an unworthy heir and be deprived of the right to inherit under Article 1117 of the Civil Code of the Russian Federation, and then he will not be able to inherit at all and will have the right to take only his marital share in the car and in the dacha.

Who is an unworthy heir and who can be recognized as such?

In general, a wife can completely disinherit her husband without indicating him in the will, by bequeathing to a child an apartment that in fact belongs only to her, bequeathing her share in a car and a dacha to her parents, and then the husband will not have the right to inherit after his wife, since his wife actually disinherited him simply without specifying it in the will, this can be done, because on the basis of Article 1119 of the Civil Code of the Russian Federation, complete freedom of will applies and the testator can bequeath his property to anyone and deprive anyone of the right to inheritance.

But if the husband was disabled at the time of his wife’s death, then he has the right to an obligatory share in the inheritance, and this, by law, is at least 50% of all the property that the husband could inherit by law.

Example! According to the law, as you and I said, if a child, two parents and a husband inherited, then the husband would inherit 1/4 of the apartment (4 heirs, a child, the husband himself, two parents of the wife) 1.4 from the wife’s share in the car and from the dacha , that is, if we take the car and the dacha as a whole, then the husband and the other heirs would receive 1/8 of the dacha and the car, since the husband’s spousal share in the car and the dacha is 1/2 each. But although the husband was not included in the will, he was disabled at the time of the opening of the inheritance, which means that he has the right to an obligatory share in the inheritance and inherits regardless of whether he is in the will or not. According to the law, he would have the right to 1/4 of the apartment, 1/8 of the car and 1/8 of the dacha, and the obligatory share is at least half, which would be due upon inheritance by law, which means the husband’s obligatory share is 1/16 from the car and 1/16 from the dacha, as well as 1/8 from the apartment.

But if the wife still did not indicate her husband in the will, then the husband will still have the right to half of the property that he and his wife acquired during the marriage, that is, to that half of the property that will be recognized as jointly acquired, but this is not inheritance, the husband will simply demand allocate your share and that’s it. But the heirs whose wife indicated in the will will inherit half of the wife’s jointly acquired property.

I hope the article helped you understand the situation, and if you still have questions, ask them on the site and we will definitely answer them. I wish you good luck, know your rights!

Does a husband have a right to his wife's inheritance received during marriage?

From the moment of marriage, a married couple begins to maintain a joint household.

From this moment, all acquisitions automatically become common property, while both spouses have an equal set of rights to own, use, and dispose of property acquired jointly.

Then the question arises, since the entire list of property is common, does the husband have the right to his wife’s inheritance (and vice versa)?

Rights in relation to the inheritance received by the wife

Article 36 of the Family Code of the Russian Federation indicates that the property that belonged to each of a married couple before marriage, as well as movable and immovable property received separately by each, as a gift or as an inheritance, is the personal property of each.

That is, the husband is deprived of the right to own and dispose in any way of the inherited property belonging to the spouse.

For example, my wife inherited a house. In this case, she has the right to dispose of the house as she wants, without anyone’s consent. The husband has no right to dispose of this house.

Exceptions to inheritance rules

There is one exception to the provisions of Article 36 of the RF IC.

Movable or immovable property that was transferred to the wife as an inheritance received during marriage can be recognized as joint common property only if a large sum of money was spent on this movable or immovable property and/or a large physical contribution was made, after which the value of the inherited property has grown significantly.

After recognition of the inheritance as common, the husband has the opportunity to own and dispose of it on an equal basis with his wife. Any legally significant actions with this movable or immovable property can only be carried out with the consent of both.

For example, a wife inherited an old and dilapidated house. The husband spent a lot of money and effort to restore it, after which the value of the house increased greatly. After this, he has the opportunity to own and dispose of this house on an equal basis with his wife.

In the case where married people are represented by the testator as a single heir, the estate becomes the joint property of the married couple. In this case, the standard rule applies: when carrying out any legally significant actions with this inheritance mass, the consent of both is required.

Division of inherited property during divorce

In practice, there are common cases when a divorcing couple, when dividing their movable and immovable property, tries to divide not only what they have acquired together, but also what they received before marriage, as well as what they inherited.

Due to the fact that this type of property is recognized as personal property, it is not subject to division, and the spouse does not have the opportunity to claim it.

If we are talking about an inheritance that went to both spouses, the court also determines the share of each during the divorce process. As a general rule, the shares here are considered equal if there is no direct condition on the determination of the shares.

Rights of the husband in relation to the inheritance of the deceased wife

If the spouse dies, after her death all property belonging to her during her lifetime is subject to division. The following types of property mass are subject to division:

1. Half of all property acquired jointly with the spouse in the present marriage, unless otherwise provided by the marriage contract.
2. Personal belongings and real estate that belonged to the deceased before marriage.
3. Movable and immovable things that passed to the deceased by inheritance, both before marriage and during marriage.

The division of property belonging to the deceased is subject to division among all heirs in the order of priority established by law or determined by the will.

Order of succession

The order of inheritance after the death of a spouse is established as follows:

1. Inheritance by law. The spouse, as the heir of the first stage, receives his share equally with the children of the deceased and her parents. If he is not the only heir, the entire estate of the deceased is divided equally among all the heirs in turn.
2. Inheritance by will. If the deceased has made a will, according to which the husband is not included in the list of heirs, he has the opportunity to claim rights only in relation to the obligatory share of the inheritance. This share ranges from 50 percent and above. It is divided equally among all applicants for the obligatory share. These include children, parents of the deceased and her disabled dependents. The remainder of the inheritance is divided equally among all persons named in the will.

Exceptions to inheritance rules

Even if the husband of the deceased is not included in the will, he has the following preferential rights:

• The ability to retain a share of property that a married couple acquired while married;
• The ability to allocate the inheritance share due to him without participating in legal proceedings. Then it will be enough for the deceased’s husband to obtain a certificate confirming ownership of the estate.

Thus, regardless of family disputes, the husband has priority right of inheritance after the deceased wife, regardless of whether he was included in the will or not. The size of the share depends only on the number of other persons claiming the inheritance.

Inheritance when spouses make a joint will

Husbands and wives have been able to make a joint will since November 2015. A joint will can only include movable or immovable property that was acquired during the marriage relationship. Accordingly, all legally significant actions and decisions in relation to him must be taken with the consent of both spouses.

A special feature of this type of will is the fact that it can only be renounced during the lifetime of both spouses. This provision secures the protection of the right to freely dispose of the property mass, since the spouse is a joint owner. A will of this type can only be renounced with notarial confirmation.

In the case where the spouses have drawn up a joint will, the husband inherits the property share of the deceased spouse by legal right.

At the same time, he does not have the right to dispose of this property mass, i.e. alienate it in whole or in parts. This is provided for by the imposed notarial prohibition.

After the death of the surviving spouse, the entire estate will be divided by the persons designated by the will.

The rights of a cohabitant to the inheritance of a common-law wife

If the marriage between a man and a woman has not been officially registered, regardless of the time of cohabitation, such persons do not have the right to inherit by law from each other. That is, a cohabitant cannot make claims to inherit according to the law of the cohabitant after her death, since this category of relationship is not included in any of the inheritance lines.

An illegitimate husband can receive an inheritance only on the condition that the common-law wife indicated his name in the will. Moreover, if there are persons who claim a mandatory share of the property mass, the illegitimate husband will receive only that part of the inheritance that remains after the allocation of the mandatory shares.

Persons who may be heirs

There are two categories of cohabitants who can claim legal inheritance:

• Disabled partner. If he has been supported/dependent by his common-law wife for a year or more, he has the right to claim a mandatory share of the inheritance, even if his name is not indicated in the will.
• A cohabitant is a dependent. Such a person has the right to receive the entire inheritance mass only on the condition that the common-law wife has no claimants to the inheritance mass from the first to the seventh stage. If the eighth stage has become a priority, the common-law husband, a dependent, receives the entire inheritance mass.

Thus, regardless of the time the common-law wife received the inheritance, it does not become common property with the cohabitant, so he does not have the opportunity to claim.

A cohabitant can make claims against the inheritance only if he has spent a lot of money and effort on restoring the inherited property, as a result of which the cost has increased significantly. But these circumstances will need to be proven in court.

Thus, the scope of the husband’s rights to the inherited property of the deceased spouse depends on the status of the marriage (official or not), as well as on whether it is indicated in the will or not. Each case is considered separately in court.