Is the inheritance shared between the spouses?

It's all that one of them received as a gift, privatized, inherited or otherwise as a result of a free transaction, no matter what, during their family union, before the marriage was registered or after it was dissolved.

The inheritance left to one of the spouses from a deceased relative or a near relative shall not rest in the division if the lawful husband and wife decide to divorce, but shall remain in the sole and full possession of the first person.

It doesn't matter what the property is: the apartment, the car, the gift, the money, the copyright or the loan, the second spouse will not be able to claim it.

Succession in divorceDisaggregated only when special circumstances existWhich we'll talk about later.

How the Legacy Was Received

• it was bequeathed to him, or
• He was the heir to some legal order.

It will only be his personal property as a result of a non-reimbursable transaction.In "pure form", i.e. as soon as the right of inheritance is acquired and processed by the registrar, the owner will be exclusively the heir spouse; his "second half" will have no rights to this inheritance property; and no exceptions can be made here.

When the inheritance is shared

Article 37 of the above-mentioned legal instrument states thatProperty the value of which has been significantly increased during the marriage and with the joint efforts of the husband and wife is to be divided in the event of their divorcea.

To illustrate, the most frequent situations in which the law allows for the separation of property left behind.

1. The husband was left with a two-bedroom apartment after his grandfather's death, and the BTI body set its value at 1,500,000 rubles, and two years the spouses put aside money to remodel and repair the apartment, and when the intention was fulfilled, the cost of the apartment increased to 280,000 rubles.In such a case, both husband and wife would be entitled to share in the apartment if they decided to divorce.After a major investment, the apartment became the joint property of this family group.
2. The wife inherited an abandoned land from her parents far away from the city.In the event of a divorce, the husband will be able to claim half of the precinct., since he invested his work and money from the common family budget on an equal basis with his wife.
3. The husband inherited a house (car, apartment, antique items, etc.) and sold it almost immediately under a sales contract. For some of the money he earned, the family lived for some time, spending it on general needs, and the rest were put on hold.In the event of a divorce, she'll be divided in half.The situation must be distinguished from the one in which all the money obtained from the sale of the inheritance home was deposited in the bank account and later withdrawn and bought the gift and registered it with him; in this case, he will be the sole and full owner of the estate.

These are not the only cases, but the most common in the practice of the courts: the heir-in-law may give the estate to his half; he may immediately sell it, buy something else, and convert it into a spouse; but he may later sue him for division of property after divorce.

Each particular case is unique and unique: if one of the spouses is certain of his or her right to the inheritance of the other, he or she should seek to defend his or her interests through the courts, with the assistance of a good lawyer being better served.

Title of inheritance by voluntary agreement

There is another possibility of sharing the inheritance of one of the spouses after the divorce, before or immediately after the divorce, of the ex-husband and wife.may form a voluntary agreement on the division of marital property.

Since this is a voluntary document, it will be possible to divide all the acquired spouses as they see fit by first agreeing and agreeing on the order of division.

The inheritance of one of them may be included in the list of all divided property and, by agreement, be left in the possession of any one of them, even the spouse to whom it was not derived from the deceased relative.

Although such an agreement does not require mandatory notarization, it is worth doing.Thus, the separation of the inheritance of one of the spouses would have greater legal effect.

If the surviving spouse decides to challenge and amend an earlier agreement, the law will most likely be on its side; the court will in most cases decide in favour of the plaintiff who wishes to recover his inheritance.

It won't be possible to divide.

• The debt of the deceased heir,
• copyrights,
• Property whose value his husband or wife has not participated in financially or physically.

Of course, no reasonable person would fight in court for the right to inherit his wife ' s debts; copyright would also be extremely difficult to recuse.

Separately, we would like to address the issue of inherited savings, which can only be shared by the spouses after the dissolution of the marriage by voluntary agreement.

Otherwise, the heir ' s spouse would be unable to claim them.

Even if they were on a savings deposit, in the form of shares or bonds, and over a long period of time good interest was added to the money, they would be owned only by the real heir.

Video: What property is divided and which is not divided?

When both spouses are heirs

• after the death of their children,
• Both are specified in the will.

Everyone will have the exclusive right to the inheritance portion that is prescribed in the testator ' s will document or is legally entitled to it.And Allah is All-Knower, All-Knower.

After the divorce, each spouse has the property that he or she inherited.

It is possible that a husband and wife will join the inheritance of each of them; for example, they will sell the inheritance of the daughter and the car, and they will buy housing for the proceeds; and in the event of a divorce, they will be given a share in proportion to the money invested in each or half of it, if they are equal.

So, the property inherited by one of the spouses in the marriage,In the case of divorce, no separation is allowed.Except in cases where during the period of family life the value of the property was greatly exaggerated by the efforts of both or the second spouse.

:: In the event of a divorce, do the property of the inheritance, the inheritance of the divorce be shared

The Main "The Legacy "The division of inheritance in the event of a divorce between the spouses

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Article 36 of the Family Code of the Russian Federation states that property obtained as an inheritance is personal; consequently, it is not to be divided; in this case, it does not play a role whether it was obtained prior to marriage or already in family life; it applies to this rule of all objects, including apartments; however, there are exceptions to any rule.

Do you share property in the event of a divorce?

In a normal situation, the inheritance isn't shared.The inheritance, even in marriage, cannot be divided, but if it is recognized as a joint beneficiary, then the husband or wife can claim half.

How to Get a Legacy

There are two ways of obtaining inheritance: by law and by will.

By law

The inheritance obtained by law, like any other such property, shall not be divided upon divorce, except in a number of situations, such as where the heirs are both spouses or where the property belongs to joint property.

By will

In the case of a will, there may be other options, if they are provided for in this document.

It is worth noting that if you wish, such a document can be challenged, as property is usually inherited entirely or not at all.

When You Can Share the Legacy

There are three main options for dividing the inherited apartment upon divorce.

- If both spouses are heirs

When both spouses are heirs to the same property, they are entitled to it after divorce.

Example:In the case of divorce, the wife would lose 27.5 per cent of her apartment, but would receive 22.5 per cent of her husband ' s share; on the other hand, the former spouse would lose 22.5 per cent and 27.5 per cent, each of whom would lose 50 per cent.

Before marriage (or during the ceremony) the spouses may enter into an agreement between themselves which will regulate both the moments of life and the right of ownership of the various property, and the text of the agreement is directly dependent on the good will of the spouses, and it may include the items of the division, including personal property.

Example:The marriage contract states that, in the event of divorce, the husband shall take away 70 per cent of the property of either of the spouses, including his personal property, and that, according to the same rules, 30 per cent of the remaining spouse shall pass over to his wife.

- Recognition of joint property

This is the most common and most feasible option: it is mainly relevant for real estate and transport; the point is that, according to article 37 of the UK, any joint property may be recognized in court if, in the course of the marriage, a substantial amount of money from the family budget was spent on its maintenance or improvement.

This can only be done under certain conditions.

• The husband inherits an apartment, and the spouses have made a major renovation in it, which has significantly increased the value of the property.
• The husband inherited a plot of land, and in marriage the couple spent a great deal of money to build a safe house on the plot; in such a situation, the total value of the property is also increased, and the wife has the right to claim the joint property.
• The husband inherited a large sum of money, which was used in part to purchase real estate in the mortgage as an initial contribution; the rest of the debt was paid out of the family budget; in such a situation, the wife also has the right to demand that the property be recognized as a joint estate.

Example:The wife inherited an apartment in the black-cut, and the spouses spent a considerable amount of money in order to make her fit for living, thereby doubling the cost, under which conditions the husband may claim to divide the property.

In the event of divorce, part of the property may not be divided; this category includes property which, for one reason or another, would lose its functions in the event of separation.

These are the types of property that cannot be recognized as jointly acquired because the other half has not been involved in their maintenance, decoration or repair, and other options include copyrights that are not legally divided.

It should be borne in mind that, although the rights themselves are not shared, the proceeds derived from their use are shared.

Part of property

You can't give up part of the property without sharing it, and you can't accept everything else, which is a mandatory rule under the law.

The heir has the right to give up the new property, but that would mean that he would give up everything he could get, not a specific part; in fact, he has only two options: to accept or not to accept.

The second option may be relevant where a significant portion of the inheritance is serious debts for which payments substantially exceed the potential value of the remaining new property.

Division of inheritance in divorce by agreement

This is the first and best option, which is a voluntary agreement between the spouses, and they agree on how and to what extent any property, including personal property, is to be separated and the document is to be certified by the notary; it may enter into force immediately or over time, depending on the agreements reached.

We're going to have to make a preliminary valuation of the property. In this case, the apartments are necessary to determine the amount of the state duty. It's 0.5% of the amount of the agreement.

In addition, a notary would require about another four to five thousand for his services, and about the same amount should be given to the evaluation company, but this is not all of the costs.

Once the agreement is confirmed, you have to comply with its terms and re-register ownership, which is worth about 2,000 more.

Example:The report states that real estate costs 2 million rubles. 0.5% of this amount is 10,000 rubles. The notary takes another 5,000 and 2,000 to re-register in Rosreestre. The total cost is 5+10+5+2=22 thousand rubles.

To download a sample of the separation agreement for an apartment inherited in the event of a divorce

An alternative, more complex and problematic, but the only possible way to reach an "good" agreement is to go to court. In court proceedings, you can at the same time demand that the apartment be recognized as a joint property and that it be divided between the former spouses.

Mode of action

1. Evaluate the apartment (also required to determine the size of the public service).
2. Make a statement of claim.
3. Send him to court in his place of residence or real estate.
4. Pay the state duty.
5. Wait for the court's decision.
6. To act strictly in accordance with the decision taken.

Documents and statement of claim

It is necessary to file the claim directly with the court and:

• The plaintiff's passport.
• It's a bill of payment for the mistress.
• Property documents for the apartment.
• A will or confirmation of a related relationship with the heir.
• The heir's death certificate.
• Evidence of the plaintiff ' s legal standing (competences for payment of construction materials, witness interviews, conversations or video).

To download a sample of a claim for recognition of joint property

Expenditure

In this case, the rules of the last paragraph of paragraph 1 of article 333.19 of the Code of Criminal Procedure apply. They state that, with the sum of the claim being more than 1 million roubles, the State duty amounts to 13,200.00 roubles of fixed amount and 0.5 per cent of any sum exceeding 1 million roubles, the maximum limit is limited to 60,000 roubles.

Example:The apartment is worth 2 million rubles according to the evaluation report. 0.5% of the 1 million is 5,000 rubles. The government's fee is equal to 13200+5000=18200 rubles. But we have to add the payment to the evaluation company (the same 5,000), and we get 18,200+5000=23,200.00 rubles.

This is the equivalent of a voluntary agreement, but it is already concluded in court, but before the judgement is rendered, may contain any items, the main point being that the dispute that led to the claim is resolved. Formally, the provisions of the agreement may not even apply to disputed real estate, especially if the other party offers monetary compensation instead of a share.

Methods for the division of property inherited in the event of divorce

If in one way or another the apartment is to be divided, it may in fact share one of the following five ways:

• Co-habitationIn the case of ex-husbands, this is a rare option, but in theory, no one can prohibit the ex-husband and wife from living together any longer without even being bound by marriage.
• SectionIt is relevant only for those apartments that can actually be divided into several separate dwellings without loss of functionality, for example, if the disputed real estate includes several apartments purchased and integrated into a common dwelling.
• ExchangeOne of the former spouses proposes, instead of the other spouse ' s share, that he be given full ownership of other property, such as a car, a gift or a plot of land.
• MoneyIt is simple enough that one of the spouses buys from the other, but only by mutual consent.
• SaleThe property in dispute is sold and the proceeds are shared between the parties.

The division of an apartment inherited from a divorce can be very difficult. Only in rare cases does the plaintiff have sufficient evidence to make a judgement in his favour. In order to save time, we suggest that you first discuss the problem at our free consultation. This will help us understand the full scope of the problem, and our specialists can prepare for the dispute in court in advance.

If you want to solve your problem, then...:

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Is the inheritance shared between the spouses? - Law-divorce.ru

Is the inheritance shared between the spouses?

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During the period of marital life, husband and wife may acquire a variety of possessions, ranging from urban apartments or out-of-town homes to kitchen garrisons and canteens.

It is well known that this property belongs to one of the two categories — personal and joint: joint property is divided between husband and wife, and personal property remains indivisible. To what category is the inheritance? Is the inheritance divided?

Is the inheritance a joint or personal property?

Question: lately, my relationship with my husband has deteriorated, he's stopped working, he's started abusing alcohol, and I'm thinking about getting a divorce.

But the thing is, we live in an apartment that I inherited from my mom five years ago, when my mom died, my husband and I were married for two years.

So you're gonna have to share your mom's apartment with your husband in the event of a divorce?

Let's see what the law says about this situation.

The Act (art. 256, para. 2, of the Criminal Code of the Russian Federation) clearly separates the concepts of personal and joint marital property:

• Joint equipmentis all that has been acquired during the period of marital life.
• Personal propertyis all that was owned by the husband or wife before the marriage, as well as what was donated or inherited during the marriage.

According to this wording, the inheritance is the personal property of the husband or wife, so it is not to be divided between the spouses.

However, in some cases the inheritance may be the joint property of the spouses and therefore be divided between them.become co-inheritors. Property:

• The couple was namedin the willAs heirs;
• The husband and wife became heirs.by law(e.g. after the deceased son or daughter, grandson or granddaughter).

So if the heir is only one of the spouses, the heir's property belongs to him, and he cannot be divided; and if the heir is only one of the spouses, then the heir's property belongs to him.

How do you prove that the inheritance is personal or joint property?The proof is the certificate of succession, an official document issued by a notary after the completion of the inheritance procedure.No other evidence (e.g. testimony, letters, conversations) is taken into account.

Let us return to the above question: will a woman have to share with her husband an apartment inherited from the death of her mother? Of course not. There is no evidence of her husband ' s right to inherit, since her son-in-law was not the heir to the dead mother-in-law, and the fact that a man has lived in an apartment for two years has not yet given him the right to share the apartment.

When can a spouse claim inheritance?

In cases where both spouses inherit property at the same time, it is very rare that only one of the spouses inherits the property, in which case the other spouse cannot claim division.

• In some cases, it can.
• For example, if the inheritance property belonging to one of the spouses has been significantly improved through the investment of money, time and work by the second spouse.

Again, let's say that for two years, the husband spent money, time and efforts to improve housing in his wife's inherited apartment.

He replaced windows and doors, zipped the balcony, warmed the outer walls, replaced the plumber and the electrician, made cosmetic repairs, and as a result the cost of the apartment increased.

In such a case, the husband may apply to the court and request the transfer of the section of the apartment.

Only the court may decide to transfer the inheritance property from the personal property of one spouse to the joint marital property category, and on the basis of this court decision it is possible to divide the property between the co-owning spouses.

True, the court won't believe the allegations.The statement of claim will need to be accompanied by evidence:

• Valuation of the original value of the estate;
• Evidence of compliance with property improvements (photos, witness statements, cheques, receipts, contracts);
• Valuation of property after improvement;
• Calculation of the difference between the original value of the estate and its value after improvement (taking into account money, time spent, effort, wear and tear, relevant market situation).

How realistic is this to be?How many husbands or wives create "before-and-after" photocollars, retain receipts for building materials and conclude written contracts with the construction teams? Most improvements are not documented, which means they can't be proven in court. Does that mean you can't legally divide the inheritance?

How do you share the inheritance in a divorce?

Although the law provides for everything in very detailed and precise terms, this does not mean that spouses do not have the right to "step to right, step to left." A husband and wife may well decide whether to share their inheritance or not.This is done by drawing up a marriage contract or a separation agreement in the event of a divorce.

Consider these documents in greater detail.

Marriage agreement

Long before the wedding, or in the midst of family life, a husband and wife can conclude a marriage contract, and in this document they are entitled to determine which property will be personal and which will be joint property.

For example, a marriage contract may include a condition that the property inherited by one of the spouses (not only for the time being, but also for the future!) is not personal, but common, which means that, in the event of this, it is equally shared.

Property-sharing agreement

This document may also be drawn up by the spouses during the marriage as well as after the divorce.

Contrary to popular opinion, all divorcees are filled with hatred, envy, and petty mercanticity, and some are able to divide property by maintaining mutual respect and avoiding scandals.

The only difference between an agreement and a marriage contract is to divide existing property without predicting the likelihood of future inheritance.

1. Read our other articles on the subject:
2. "Is there any inheritance in divorce?"
3. "Does the husband have the right to inherit his wife"
4. "Is the inheritance shared property?"

Legal assistance

There are many contradictions in the division of the inheritance, and there are many cases in which the spouse has been able to prove that the inheritance of the second spouse must be divided into two equal parts.

But the opposite is also known: the inheritance was left to one spouse and the other to nothing, and it is very difficult to understand all the subtleties of the process.

Even if you're law-oriented, it's not the fact that you can interpret them properly and then turn them into real life.

A lawyer's free consultation can help solve a complex issue. If you are confused in law, have a fight with your spouse, or intend to go to court, consult an experienced lawyer.

You don't have to look for answers yourself, the expert will take it into his own hands and draw up a step-by-step plan of action.

You shouldn't hope for your strength, because the estates of high value are at stake.

How do you share the inheritance in a divorce?

As the inheritance in divorce between spouses is divided. Average 5 per 5 users

Matters relating to the division of property of spouses are regulated in most of the UK of the Russian Federation and the PCA of the Russian Federation, as well as in a number of federal laws.

If the property is inherited by one of them, the family law reserves the right of ownership only for him; however, there are small nuances which make it possible to deviate from the above-mentioned rule.

Consider whether the inheritance is divided in 2023 when certain circumstances arise.

How the Legacy Was Received

Civil law recognizes the transfer of property rights from a deceased person to other persons who are heirs, along with these duties.

In order to determine the future of the estates inherited from the inheritance, it is not important under what circumstances the person has become an heir:

1. It means that the heir, being capable, has made a will for one or more persons.
2. According to the law: In the absence of a will or if it cannot be realized in full (e.g. if it violates citizens ' rights established by law), the heirs take ownership upon the death of the testator in order of priority.

If the heir has taken possession of the property, i.e. the property is registered with the registrar, it shall be deemed to be his property from that moment on; the owner ' s spouse may not claim the property; it is not important that the inheritance be obtained before the marriage or during the marriage; such property shall be owned only by the heir and shall not be divided.

Can you share the inheritance?

There may be an exception to any rule, but there is also an exception to the question of the division between spouses of inherited property, and it is necessary to refer to article 37 of the Russian Federation for understanding.

It establishes that the personal property to which the general family budget or personal savings made by one of the spouses prior to the marriage or after the sale of their property during the period of the family ' s existence shall be divided.

For example, the husband inherited a two-bedroom apartment from his grandmother a year after the wedding, and the young family entered and lived in an apartment for nine years, during which time it had undergone major renovations with a cost of half the cost of the apartment itself.

In such cases, the court does not rely on approximate calculations; first, documents will be requested that indicate the cost of the property at the time of the inheritance; it will be easier if this occurred during the family ' s existence.

Otherwise, calculations are needed to show how much property might have been worth at the time of marriage.

Plus, the judge will require an independent review by the evaluator, a member of the SRO, in order to have an idea of the cost of the object in the divorce.

If the difference between the original value and the last value is significant, the second spouse may have a share in the estate during the division of property.

Can property obtained by inheritance be shared in the event of a divorce?

People often wonder whether it is possible to divide the inheritance in 2023 if there are minor children in the family.

The Family Code stipulates that children are not entitled to claim the property of their parents.

If the property is clearly recognized as the personal property of one of the parents, it is secured after the divorce, even if it is an apartment in which the whole family lived.

If, however, a minor stays with a parent who does not have his or her dwelling or whose quality is substantially inferior to the inherited dwelling, the court will allow the child to live in the dwelling until the age of majority, and with him and his parent who becomes his or her principal guardian after divorce.

There are some nuances when the property received as an inheritance is still divided, for example, if the apartment in which the total money was invested is divided.

In such a situation, the judge has the right to slightly increase the share of the parent with whom the child remains if his or her financial situation is much worse than that of the second spouse, but that is the right, not the duty of the judge.

Such decisions have so far been rarely handed down in Russian courts.

Voluntary agreement

In order to share the property in a divorce or in a marriage, the husband and wife may enter into a settlement between themselves, but the inheritance may not be divided in this way.

This document distinguishes the rights to property that is jointly acquired property, and objects that are acquired under a contract of inheritance or gift may not be classified as joint property.

If the matter concerns inherited or gifted objects, the contract of gift must be drawn up if one of the spouses wishes to transfer rights to them.

Both the settlement agreement and the marriage contract must be certified by a notary.

But that is not all; if the terms of the documents change ownership of the property, then, once signed, it is necessary to contact the registration authorities within the prescribed time limits to make changes to the property records; only then will the procedure be considered completed.

On our website, you can consult the model of a settlement agreement on the division of property between spouses and download it.

When both spouses are heirs

Of course, a situation in which both spouses inherit property is rare, but it also happens, most often if the heir is not a relative but a friend of the family. It is not legal to speak of inheritance. Such a situation is usually preceded by the writing of a will. The only exception may be the death of a common child.

And if they are not in conflict with the law, then one of them is entitled to one third of the estate and the other two to two thirds of the estate.

And if you make a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest.

But again, it cannot be shared, and thus the rules governing common property cannot be applied to it, i.e. the law prohibits the redistribution of shares in it by means of a settlement agreement.

Property obtained as an inheritance is allowed to be shared with the rest of the family only by drawing up a gift contract (or a sale, but this is disadvantageous).

If one of the parties can prove that in the course of the exploitation of such property, the husband ' s personal funds have been invested in him.

Which inheritance is not to be divided

Now let's see what kind of inheritance the divorce does not share in 2023 under any circumstances. Property that will not be divided consists of three categories:

• The debt of the heir, who passed over to the heir with his rights of ownership, is unlikely to be shared by anyone who voluntarily claims a portion of the debt, nor will it be possible to hand them over as a burden in the course of the division of the estate.
• Copyright, rare, but also common, which may not be feared by the inheritor that they will be divided;
• Any inheritance received by one of the spouses that has not been invested in the family budget;
• Cash deposits and savings transferred to the heir cannot be divided either.

Judicial practice

The issue of the division of inherited property is most often decided through the courts; when judicial practice has been adopted over the past few years, it is clear that such property is rarely divided; only if there is serious documentary evidence that the property has been invested in a common asset.

If you want checks, bank statements, etc., the judges decide to transfer the property to the party that is the heir, the burden of gathering evidence will be on the plaintiff.

The rules on the division of joint property do not apply to property derived from inheritance, except in the rare case of a person who is the official heir.

Can property inherited in the event of divorce be shared

It is not possible to give a clear answer to the question as to whether the inheritance is divided in divorce.

Whether the inheritance is shared in divorce

Traditionally, any property obtained without benefit to the other party is the personal property of the spouse; if a person has acquired housing, copyright or securities as a result of the distribution of the inheritance, after the dissolution of the marriage the rights remain with him.

The inheritance in the event of divorce shall be divided if the following conditions arise:

1. Voluntary agreement on the division of property: If the spouses wish to divorce and make a contract, the property shall be distributed without the intervention of the court and third parties; traditionally the parties shall receive equal shares; sometimes the advantage of one of the parties is implied.
2. Increase in the value of the disputed property: For example, this may happen when repairs have been carried out in the inherited apartment at the expense of the second party ' s general or personal finances; the value of the property has been increased, so it is likely that it may be classified as a marital property; the other party to the case will have to prove that his efforts have been made to improve it.
3. Sale of inheritance: Depending on the circumstances, property that was acquired with the proceeds later may be disputed: if the gift received was sold and bought immediately by another, the probability of division depends on the material provided, prior to the conduct of the parties and the decision of the court; if a portion of the money was first spent on family needs and the purchase was made with co-financing later, the share will be paid to the second party.

The answer to the question as to whether the inheritance obtained during the marriage is divided in divorce depends on a number of circumstances, and it is recommended that the first party should refuse to dispose of the property in order to preserve its rights.

When selling, it is necessary to open a deposit to a bank or to purchase a similar dwelling or TC without raising funds from the family budget.

New property needs to be registered as a successor in order to avoid conflict.

It is recommended that the other party retain accounts and cheques in order to protect their rights, which will help to prove that the other party ' s personal assets have been improved as a result of joint action.

Legacy received by law or by will

And if you do not have the right to share the property of the heirs after divorce, and if you do not have the right to share the property of the heirs, then if you do not have the right to share the property of the heirs, then if you do not have the right to do so, then you will not be able to do so; and if you do not have the right to do so; and if you do not have the right to do so, then if you do not have the right to do so, you will not be able to do so; indeed Allah is Oft Forgiving, Most Merciful.

The personal property of one of the spouses, acquired by law or by will, is divided in divorce only in exceptional cases; the likelihood of transfer does not depend on the will of the testator.

Personal property of spouses

Personal property and property includes any acquisition that was made without a general budget or a second party ' s funds; subject to these conditions, the time of the transaction does not affect the decision of the court; if the succession occurred during the marriage, the successor most often retains full rights.

Personal property includes copyrights; in addition, the spouse cannot be transferred to the deceased ' s debt; and bank deposits are not shared regardless of the accrued interest.

When personal property (inheritance) is to be divided

The law does not specify a list of cases in which the inheritance obtained during the marriage is to be divided between the spouses.

Article 37 of the Family Code of the Russian Federation states that in order to carry out the redistribution of property, it must be proved that the second spouse was involved in increasing the value of the disputed property.

This may be an improvement of the apartment as a result of the renovation during the marriage, the treatment of the precinct, etc.

Investments need not be of a financial nature; in the event of an improvement in the property received, the division between the spouses is effected if the property has been improved during the period of their cohabitation through physical labour.

For example, the second party maintained the working condition of TC and carried out regular repairs on its own, i.e. with the necessary knowledge and equipment.

Land rights can be obtained if the spouse has been working continuously to remove the weeds.

The chances are increased if the other party can provide cheques that record the cost of consumables to improve the joint equipment.

It is likely that it will be set aside when it is brought before a court; traditionally, the courts issue a favourable decision and grant the plaintiff ' s request.

Depending on the exceptional circumstances, the property will be equally divided or returned to the first party in full.

If the spouses are co-owners of the estate

It is necessary to know whether the estate is to be divided if both spouses are the owners; traditionally, each party retains the right to the portion that it acquired in the first place.

An exception is possible if the will is wrong or the successor is found to be unworthy; for example, the child deliberately reduced the proportion of the pensioner's father.

Since the latter was entitled to a compulsory portion, he could apply to the court for the redistribution of the estate.

A parent shall be deemed unworthy if he avoids his obligations and does not take care of his child, and the right of his spouse shall be challenged if he is in debt for maintenance.

If the other successors do not go to court, the unworthy heir will retain the property.

Cases of dissolution of marriage and redistribution of inheritance are dealt with in parallel.

In the absence of a will, the parties have traditionally equal shares, i.e. they belong to the heirs of the first priority.

The separation of property will only be possible if there are substantial reasons for being late, and the evidence includes hospital discharges, medical records, job certificates, etc.

A claim must be filed within six months of the end of the main term.

Regardless of whether there is a valid reason, the court may refuse to redistribute property if it considers the evidence to be unconvincing; the odds are small if the obstacle has disappeared long ago and the person has only turned a few years later.

Do you share the inheritance of a marriage in the event of a divorce?

We are often asked:Whether the inheritance is divided in divorce, how the inheritance is divided in divorceetc.

• Answer:........................................................Noneproperty inherited by the spouses during the marriage will not be taken into account in the division of property between them.
• But let's take a closer look at this.
• The family law of the Russian Federation contains the concept of the legal regime for the property of spouses, which is the regime for their joint property, while the law of the Russian Federation contains the concept of the legal regime for the property of spouses.the concepts of joint property of spouses and personal property of the spouseThey are clearly distinguished.

Under the legal regime, the property of the spouses shall be divided only by the property that is legally assigned to their common property, whereas the personal property of each of the spouses shall not be divided under this regime.

(Note that this rule does not apply to the contractual regime of the property of the spouses.) The marriage contract may determine the fate of any property, including the separation of the personal property of each of the spouses.

It's their choice.)

Succession — The Personal Property of the Wife

1. Thus, according to the general rule of article 34 of the Family Code of the Russian Federation, all acquired by the spouses during marriage are recognized by the legislature as joint property of the spouses.
2. At the same time, in article 36 of the Family Code of the Russian Federation, the legislator determined that the property owned by the spouses (each of the spouses) before the marriage, as well as the property handed over to the spouses (each of the spouses)for any non-reimbursable transaction, including inheritance or giftis their personal property and therefore,Can't share.
3. As can be seen, the application to property acquired by the spouses during the marriage of the regime of joint property of the spouses is subject to the reimbursement or non-payment of the transaction on the basis of which the property of the spouses was acquired during the marriage.

Advice to a lawyer on the distribution of property. Tel. +7 (812) 989-47-47Telephone counselling

You will find in article 423 of the Civil Code of the Russian Federation the concepts of a contract of retribution and free of charge:

• Reimbursability of the transaction involves payment for the transferred property or other counter-payment
• A free transaction is one in which one party transfers property to the other without receiving payment or other counter-payment.

It should be known that free transactions include:

• Succession
• Diffusion
• Privatization (contract of free transfer of the dwelling (home) to the property of a citizen)

With regard to privatization, mention should be made of the following.

In this case, the privatization of housing should be distinguished when a free-of-charge transaction is concluded between a citizen and the State in the form of a district administration, and the privatization of the land, i.e. the ownership of land previously made available for use on the basis of a decree of a public authority or a local government body.

If, in the first case, the basis for the creation of the property is a transaction with the State, in the second case it is an act of the public authority on the basis of which the property is subsequently issued, and these are completely different grounds for the creation of the property.

If we return to article 36 of the Family Code of the Russian Federation, we will see what it refers to.of transactionsand this is one of the key points: the personal property of the spouse refers to that,What he acquired during the marriage by way of a free-of-charge transactionThere is no reference in this article to acts of State and local self-government as grounds for the creation of property.

That's why,The privatization of land by one of the spouses during the marriage does not preclude the division of the property between the spousesIn accordance with article 36 of the Family Code of the Russian Federation, an apartment privatized by the husband during marriage, i.e. a free transaction, would be his personal property and would not be subject to division.

The privatized land will not be shared between the spouses only if it is privatized by one of the spouses before the marriage, but this applies to any other property acquired by the spouses before the marriage.

• As we can see, the answer to the question:Whether property inherited in the event of divorce is divided, one point.
• Since the inheritance property is expressly assigned by law to the personal property of the spouse, it is not to be divided between the spouses.
• Exceptions include cases where:

• The marriage contract of the spouses provided for the division of the inheritance or other personal property of the spouses, in which case the spouses must be bound by the marriage contract, which is the contractual regime for the property of the spouses.
• The inheritance property of one of the spouses has been significantly improved and significantly increased by the common property of the spouses or the property of the second spouse, or by the second spouse ' s investments made during the marriage.

For example, if an apartment inherited by one of the spouses has made costly major repairs, reconstruction and other improvements through general funds or the personal property of the second spouse who is not the heir to the apartment, the latter may seek judicial recognition of the part of the property in question as joint property of the spouses and its division; in order to determine the value of the improvements made, an expert examination may be made by the court; in addition, any written evidence may be provided by the claimant in the form of construction and repair contracts, receipts and cheques for the purchase of construction materials, the valuation of the original cost of the dwelling and after the improvements made, as well as any other documents from which the court may determine that the improvement of the property has taken place and has been made with the common funds of the spouses or the personal investment of one of the spouses.

Such claims are made on the basis of the legal basis of article 37 of the Family Code of the Russian Federation.

WarningThe division of property between so-called "civil partners" is not provided for by law; the family law of our country does not contain the concept of "civil marriage", so the term "during marriage" means the period to be calculated from the time of the State registration of marriage in the civil registry.

Even the long-term cohabitation of the parties prior to a registered marriage does not give them the right to separate property acquired during the period of cohabitation.