Does a common-law wife have the right to inheritance? and can a common-law husband claim inheritance?

Therefore, legal problems arise. And upon the death of a spouse, the question arises: does a common-law wife have the right to inheritance?

Legal features of civil marriage

Despite the convenient form of personal life, a civil union has negative aspects, since it is difficult for Russian legislation to regulate the rights and obligations of persons in an unregistered marriage. Therefore, only those spouses who have entered into an official marriage have them. Consequently, inheritance by a common-law wife of the property of a deceased spouse is practically excluded .

A common-law wife does not have the right to inherit from her partner, even if she lived with him for many years and ran a joint household.

Since the marriage was not officially registered, all jointly acquired property passes into the possession of the legal wife, children and parents of the deceased.

However, there are several exceptions in which common-law spouses have the right to inherit the entire property of their cohabitant or can claim at least a share of it.

Possible options for property distribution

• Queue principle (priority queue gets everything);
• The principle of freedom of disposal (property is received by persons whose names are in the will).

Let's consider each of the methods of dividing inherited property and determine what chances an illegitimate wife has of receiving it.

The principle of priority

According to Art. 1142 of the Civil Code of the Russian Federation , in inheritance by law (the second name of the priority principle), the division of the deceased’s property occurs among applicants who are in priority order. There are eight queues in Russia, distributed in descending order of priority:

1. Children, as well as the mother and father of the deceased citizen, just like the legal (not common-law!) spouse;
2. Grandparents along with brothers and sisters of the deceased. At the same time, there is no separation between siblings and half-siblings. All of them have equal rights when entering into inheritance rights to the property of a deceased relative;
3. Siblings and half-brothers of the mother and father of the deceased (we are talking about uncles and aunts);
4. Mothers and fathers of grandmothers, just like grandfathers;
5. Brothers and sisters of grandparents (who are full-blooded in relation to the deceased, they are also great-aunts and grandfathers). The same list also includes children of full-blooded nephews, who in relation to the deceased will be considered cousins ​​​​granddaughters and grandchildren;
6. Descendants of brothers and sisters of all grandparents, as well as children whose parents are grandchildren, cousins;
7. Non-natural parents represented by a stepfather or stepmother, as well as stepchildren represented by stepdaughters or stepsons;
8. Disabled dependents of the deceased.

If there is no will from the deceased, his property in full will be divided equally among the priority applicants. All queues that only follow the priority one will be denied the right to inherit even a small part of the property.

From the above it is clear that there are no rights to the inheritance of a common-law wife, with the exception of when the illegitimate spouse was dependent on the deceased due to inability to work or being a minor.

The principle of freedom of disposal

In this case , any person can become an heir, even if he is not related to the deceased and has nothing to do with him at all.

There are two ways to make a will:

• Make a list of names of heirs. Then all property will be equally divided among the heirs;
• Make a list of heirs and indicate for each the share to which he will claim.

According to the principle of free disposal of property by citizens of the Russian Federation, an illegitimate wife has an indisputable right to the inheritance of her deceased partner if he managed to write a will during his lifetime in which her name appears .

Exceptions to the rules

There are deviations from the rules when distributing property. This is an exception to the principles of inheritance - these are obligatory shares in the inheritance . They are claimed by disabled dependents of the deceased, as well as heirs who are included in the priority list:

• Legal spouse;
• Children (legitimate and illegitimate);
• Parents (this does not include stepfathers and stepmothers).

Therefore, even if their names were not indicated in the will, dependents and heirs of the first priority will still receive their shares . This exception is a means of protecting their right to security of a material nature. It arises on the basis that before the death of a relative (trustee) they were financially dependent on him.

According to the law, the minimum mandatory share is 50% of the inherited property. Thus, if the will of the deceased was drawn up in the name of his common-law wife, but he had disabled persons as dependents or there were heirs of the first priority, then the illegitimate spouse will be able to assume inheritance rights for a maximum of half of the inherited property.

Attention! In the case where there is no will, the inheritance will be distributed according to the principle of priority, in which the chances of receiving a share are negligible. Therefore, the main document that acts as protection for the material support of the common-law wife of the deceased husband is the will drawn up by him during his lifetime.

Situations giving a common-law wife the right to inherit

1. For a share of the property in the case where there is a will drawn up in her name , if the late husband has persons who for a long time were directly financially dependent on him, as well as if there are heirs who are a first-priority list. Or for the entire property in case of their absence.
2. For the obligatory share, if she has undeniable facts proving that before her death the disabled spouse was a dependent (maintained at the expense of the deceased).

The illegitimate spouse of the deceased is recognized as disabled if:

• She is disabled group I or II;
• Reached the age at which an old-age insurance pension is due (55 years). However, the pension does not have to be assigned.

According to the law, dependents are persons living together with a person who provides significant financial support for a year or more. It makes no difference whether the common-law wife has her own salary or pension. But insignificant and irregular financial assistance cannot be recognized as support.

Video: How the inheritance of 2 civilians and one legal wife of Mikhail Evdokimov was divided, who got what in the end

Will made jointly with your spouse

However, the common-law wife will not be able to participate in the preparation of such a document due to the absence of an official marriage. But she retains rights to inheritance in the cases discussed above.

Thus, a common-law wife does not have rights to inheritance after the death of her husband if she is able to work, even if the main share of the property was purchased with her funds.

But she has the right to receive at least part of the inheritance if the testator indicated the name of the illegitimate spouse in the will.

And the obligatory share is due to a disabled common-law wife if she was a dependent of the deceased citizen.

What rights does a common-law husband have to his wife’s inheritance?

A husband who is in a civil marriage with his wife does not have legal grounds to inherit the property left after her death. However, there is an exception to this rule. In what cases a spouse can claim the inheritance of a common-law wife and how he is called upon to participate in the procedure is described in this article.

What is a civil marriage?

In accordance with Articles 1141 and 1142 of the Civil Code of the Russian Federation, only legal spouses of deceased citizens whose marriage was officially registered with the registry office are called upon to inherit. When contacting a notary office at the place where the inheritance was opened, the specialist must present a document confirming the fact of registration of the marriage relationship, in other words, a marriage registration certificate.

A marriage that has not undergone the appropriate registration procedure is recognized as civil. Although such relations between citizens do not equate to an official marriage, spouses also have their legal rights and obligations towards each other, but this does not apply to inheritance.

Current legislation does not prohibit individuals from deciding independently whether to register their relationships or not, but regulation in this area is currently underdeveloped.

Does a common-law husband have the right to the inheritance of his deceased wife?

In a civil marriage, only children (adopted and blood-born, regardless of age or ability to work) have legal rights to inheritance after the death of one of the spouses. A common-law husband can count on receiving his part of the property only in two cases:

• if his name appears in the text of a valid will;
• if he was dependent on his wife for the minimum period established by law.

The common-law husband claims inheritance exclusively in the above two cases. Let's look at each of them in more detail.

According to Articles 1120 and 1121 of the Civil Code of the Russian Federation , the testator can enter into the text of his last order any heir, even one not included in the circle of relatives and legal successors in the order of legal priority, and transfer to this person any share of the property.

If the will was drawn up in accordance with all requirements, including notarization, and was not declared invalid or void by the conclusion of the court, the common-law spouse is allowed to inherit legally.

• his relation to the 8th line of inheritance according to the law (Article 1148 of the Civil Code of the Russian Federation), while he is allowed to receive an inheritance on an equal basis with the called-up order (for example, if the first line is admitted to inheritance, the common-law husband is called up along with her, receiving his share of the inheritance equal to the rest);
• he has the right to an obligatory part of the property as a dependent, in accordance with Article 1149 of the Civil Code of the Russian Federation.

Interesting article: tax on a donated apartment.

Mandatory share

The guaranteed part of the inheritance goes to the citizens listed below:

• disabled or underage children of the testator;
• disabled parents and official spouse of the testator;
• a person who was dependent on the deceased citizen.

A common-law husband belongs to the last point if he is officially recognized as dependent on his wife. In the absence of the last order of his wife, he can inherit equally with other heirs, the property is distributed in equal shares (if he is the only successor out of 8 lines, the entire inheritance goes only to him).

Who is a dependent according to the law?

Dependent citizens include exclusively 2 groups of persons listed below:

• men who have reached the age of 60 years (for women this age category is slightly lower - from 55 years);
• having one of the listed disability groups – I, II or III.

As stated above, in order to obtain rights to the wife’s inheritance, the common-law husband must be a dependent for at least 12 months during her life, receiving regular assistance and financial support (the spouse must have no permanent income, social benefits are not taken into account by law as income).

Useful article: how to establish paternity after the death of a father?

How to obtain inheritance rights?

If there are grounds for inheritance, the common-law spouse is called upon to receive his guaranteed share of the property according to the standard procedure. To acquire inheritance rights, he needs to follow the steps below:

1. send a package of required documentation to the notary at the place of opening the procedure;
2. obtain a certificate of inheritance rights;
3. register the transfer of rights to movable or immovable property with Rosreestr.

The main documentation includes the following:

• application for acceptance of inheritance;
• a certified photocopy of the will or evidence that the person is a dependent of the common-law spouse (depending on the grounds for inheritance);
• applicant's passport;
• certificate of death of the testator;
• a form confirming payment of the state duty, the amount of which is 0.6% of the total amount of inherited property (the value cannot exceed 1 million rubles), based on paragraph 22 of paragraph 1 of part 333.24 of the article of the Tax Code of the Russian Federation;
• title papers for the property (if available).

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Does a common-law husband have the right to inheritance according to the laws of the Russian Federation?

In our legislation there is no separate concept of “civil marriage”. Sometimes people actually start families without officially registering the relationship.

Their life together is not only about showing sympathy for each other, or intimate relationships. Living together, the “spouses” run a joint household and raise common children.

Civil marriage in inheritance

There is no legal definition of this type of relationship, although one cannot help but notice that recently people have increasingly begun to create civil families. The law does not regulate relations between such spouses in any way.

Spouses in a civil marriage are in no hurry to formalize their relationship. Each couple has their own reasons. Some people do not want to take responsibility for other people, others are simply irresponsible about their lives and the lives of their loved ones. People sometimes simply do not think about what legal consequences such a marriage will have.

Important are the consequences associated with issues of inheritance of property after the death of one of the spouses.

Civil relations of a married couple and inheritance of property

If a man and a woman live together, have their own property, run a household together, give birth and raise children, this cannot be recognized as a marriage in the absence of official registration. The relationship is not registered and has no legal consequences. For example, in the presence of this type of relationship, there can be no talk of inheriting property.

There are many such examples in our life. When people are not registered, after the death of one of them, the entire inheritance will be divided between the heirs of the first priority, if there are none, the heirs of all subsequent orders.

The common-law spouse of the deceased cannot claim the property that she acquired together with the deceased during their family life. The reason for this injustice is simple short-sightedness.

There are few examples where a common-law spouse was able to prove her right to this property.

When it comes to inheriting the property of one of the spouses of a couple who was not officially married, the inheritance procedure has significant differences. Spouses, without being registered, cannot claim each other's property. Moreover, if they are not indicated in the will and can provide for themselves.

As with every rule, there are also several exceptions to this situation:

• The inheritance can be received by a spouse who is classified as a disabled citizen, or if he was dependent on the deceased spouse for a year. He is entitled to a mandatory share in the inheritance, if he is not indicated in the will;
• A dependent spouse may become the sole heir if there are no legal successors belonging to the first seven lines of succession by law;
• If a common-law wife included her husband in her will, he has the right to inherit property. The size of the inherited part depends on whether, in addition to the given heir, there are persons claiming the obligatory part.

From all of the above, we can conclude that a wife’s inheritance can go to a common-law husband in rare cases, and then only if he is indicated in the will or can prove his enormous contribution to the development of the property as a whole. In this case, the inheritance may become the joint property of the couple.

Receiving an inheritance depends on the type of relationship between the deceased and his wife. If the husband is legitimate, the inheritance goes to him with priority rights. In the case of a civil marriage, the spouse does not have such priorities.

Inheritance of the property of the deceased during a civil marriage is carried out according to the standard scheme. It all depends on whether there is a will.

As usual, the inheritance procedure consists of several stages:

Indicators	Description
Preparation of a standard package of documents	the specifics of the situation are taken into account.
Contacting a notary	so the person claiming the inheritance has the opportunity to obtain information about the presence of a will or its absence
If a will has not been made	you need to contact a notary practicing in the area of ​​the last place of residence of the deceased owner.

Children register the inheritance of their father, who was in a civil marriage with their mother, without much effort.

Stages of inheritance:

Indicators	Description
When visiting a notary, you must fill out an application	about acceptance of inheritance
Transferring a package of documents to the notary	required in a particular case
Making payment for notary services	according to the tariffs established by law
Registration of inheritance	—

Particular attention should be paid to the payment of the mandatory state duty.

Tariffs for notary services were established by the state:

Indicators	Description
0.3% of the property value	for persons belonging to the second and third line of inheritance by law
0.6% of property value	for relatives of other categories.

When calculating the state duty, it is worth taking into account the maximum indicators. In the first case it is 100 thousand rubles, and in the second – 1 million rubles. You also need to know about the availability of benefits when paying state fees for certain categories of citizens.

The categories of beneficiaries include:

• disabled people;
• actual heirs, that is, citizens living in the living space being inherited;
• other persons.

The most difficult thing to register is real estate that is inherited. When the main inheritance is real estate, we must not forget that it must be registered with Rosreestr in the name of the new owner.

This procedure is possible only if you have a Certificate of Inheritance, which is issued by a notary upon completion of the inheritance. This document is legally important for the further registration of the property of the deceased owner.

Among other points, do not forget about the need to register the certificate with the territorial Office of the Federal Registration Service.

The most significant points are:

• availability of necessary conditions;
• presence or absence of a will;
• documentation required in a particular case.

• Availability of necessary conditions
• To receive the inheritance of a deceased spouse, certain conditions must be met.
• These include:

• the spouse of the deceased testator fulfilled all obligations assumed in married life, which are established by the Family Code of the Russian Federation;
• citizens claiming inherited property do not belong to the category of unworthy heirs;
• There are no encumbrances on the property being inherited.

When heirs accept an inheritance, they must be aware that partial acceptance of an inheritance does not exist. According to the law, the property is transferred in full, along with all debts.

Sometimes loans or promissory notes remain after the owner dies. Their provision is carried out at the expense of property inherited.

When there are debts, the heir needs to be prepared to pay them. If he refuses to fulfill this requirement, then he will also not be able to formalize the inheritance.

Important! Inheritance of property is a voluntary initiative of the heir.

If the successor refuses the inheritance, then he has no obligations in relation to the debts and loans of the deceased. This provision applies to cases related to inheritance by will.

1. Presence or absence of a will
2. Nowadays, there are two ways to become the owner of property transmitted by inheritance - by will or by law.
3. Sample application for acceptance of inheritance.
4. If there is no will, you need to be prepared for another type of inheritance.

In this case, the inheritance will be divided in accordance with the order. When there are legal successors of the first and second stages, the property will be divided between them in equal shares.

When, after the death of the owner of the property, the wife and daughter of the deceased owner remain as heirs, the property will be divided equally.

In accordance with the order of priority, rights to inheritance will be transferred from one group of heirs to another.

Do not forget that it is impossible to accept only part of the inheritance. Registration of the entire mass of inherited property is mandatory if the heir has written an application for its acceptance.

• Required Documentation
• When registering an inheritance, it is necessary to collect many documents, which are presented to the notary upon his request.
• Such papers include:

Indicators	Description
Document on the death of the property owner	confirms this fact
Papers about the presence of family ties between the testator and the heir	in this case we are talking about a certificate, about marriage
Certificate of ownership	—
Papers required to register real estate in Rosreestr	regarding inherited property
Certificate of inventory type PIB	the validity of the certificate must not be terminated at the time of the death of the owner of the property
Registration certificate	on real estate transferred by inheritance
Papers confirming the absence of encumbrances	seizures of property, etc.

Heirs do not always have the opportunity to deal with inheritance matters on their own. In this case, they hire a trusted person. A power of attorney is issued to the representative on behalf of the heir, certified by a notary.

In addition, when contacting a notary, the representative of the legal successor must present a passport or other identification document.

If there is no power of attorney, the representative cannot act on behalf of the heir. The absence of a passport will result in the document representing the rights of the heir to be invalid.

Does a common-law wife have the right to inheritance?

Civil marriage presupposes legally free relations between citizens. The law does not bind spouses with any obligations, and therefore inheritance rights to the property of a common-law spouse do not apply in almost all cases.

There may be exceptions. We will tell you about them and determine under what circumstances a common-law wife will be able to inherit the inheritance of her common-law partner.

Does a common-law wife have the right to inheritance, what does the Law in Russia say?

In Russia, inheritance is distributed by law or by will .

The first method provides for the presence of family ties between the testator and the heir. If the heir is a common-law spouse, then the relationship will be very difficult to prove. Also in the first case, the disability of the heiress is important. If the spouse was dependent on a common-law partner, then there is a possibility that she will receive an inheritance.

In accordance with Article 1148 of the Civil Code of the Russian Federation, if it can be proven that the cohabitant was dependent on her husband for at least 12 months before his death, then she can enter into inheritance rights along with the existing heirs by law. If there are none, then the widow will enter into inheritance rights within the last stage (eighth).

The second method involves entering into an inheritance under a will. According to Russian laws, in this case the common-law spouse can also claim the inheritance, since any person can be the heir.

In each of these cases, you will have to prove that the common-law wife lived with the deceased spouse, had a common family budget and can lay claim to inherited property. As a rule, the personal income of a citizen is taken into account. The greater her profit, her contribution, the greater her share of the inheritance should be.

The common-law spouse must prepare an evidence base.

Is it possible to receive an inheritance from very distant relatives, and how to prove the relationship?

It can be driven by:

1. Certificate of registration at the place of joint residence. If you do not have a registration at your place of residence, you can request this document from the local administration or the housing office to confirm your actual residence.

2. Checks, receipts, invoices and other financial papers indicating the purchase of materials for repairs, payment of utilities and other documents confirming the participation of the common-law wife in the management of the common household.
3. Testimony from neighbors. You can ask them to state in writing that the common-law spouse lived with the deceased at such and such an address.

   Or you can ask them to come to court if necessary.

4. A certificate from the bank about the spouse’s income for the period of residence with the deceased.
5. Photo or video materials depicting the family at different time periods that fit into the period of civil marriage.

• Ready-made form for downloading to recognize a common-law wife as an heir
• Since the common property will have to be litigated, lawyers recommend collecting all the papers.
• Please note that only the court can allocate a share of the deceased’s property in favor of the common-law spouse.
• The court will be based on all the materials and evidence that you provide to it.

Please note that Russian legislation does not equate cohabitation with an official, registered civil marriage. The cohabiting spouse does not have any legal rights to inheritance. And often, the court is not on the side of common-law wives, but fulfills the requirements of the letter of the law.

Can a common-law wife receive an inheritance if her deceased partner mentioned her in the will?

A common-law spouse acting as a cohabitant of the deceased can claim the inheritance and receive a share in it if the deceased, in turn, mentioned her in the will.

In addition, any citizen who is not related to the deceased can become an heir. There is no need to prove kinship with such a will.

A deceased citizen could make a will in the following ways:

1. Generated a list of names of all heirs. In this case, the inherited property will be divided equally between them.
2. I created a list of heirs and indicated a certain share for each.

How to challenge an inheritance legally?

According to the principle of free disposal of property in Russia, a common-law wife has the right to the inheritance of her deceased partner, but this is only if he managed to write a will during his lifetime and include her name in the list of heirs.

Exceptions to the rules: when a common-law wife can claim inheritance by law

A common-law spouse - a cohabitant - can receive a share from the property of her deceased common-law husband. An exception to inheritance by law is mandatory shares in the inheritance that can be received by disabled dependents, as well as heirs who are not included in the priority list (legal spouses, children, parents).

If names were not indicated in the will, then by law, dependents and first-degree heirs are required to still receive their shares.

This exception arises on the basis that before the death of the citizen, the wife was officially dependent on him. According to the law, the minimum mandatory share is 50% of the inherited property.

It turns out that if the will of the deceased was drawn up in the name of his common-law wife, but he had dependents who were disabled or had heirs of the first priority, then the common-law spouse will be able to receive half of the inherited property.

A common-law spouse can claim:

1. Share of property. This is despite the fact that the late husband had a will in her name, there were dependents and other primary heirs.
2. The entire inheritance, if the deceased husband has no heirs or dependents, and a will has been drawn up in the name of the wife.

3. Mandatory share. In the event that the wife has undeniable evidence that before the death of her husband she was disabled and was a dependent. That is, she was fully supported and provided for by her husband.

When and how can one enter into an inheritance by law or through court?

The common-law spouse of the deceased is recognized as disabled if she:

1. Disabled person of group I or II.
2. Reached the age at which an old-age insurance pension is due (55 years). She may not receive a pension, but she must be of retirement age.

3. In addition, persons who live together with a person who provides significant financial support for 1 year or more are recognized as dependents. It does not affect whether the common-law wife has her own income.

Remember that your disability must be confirmed by an appropriate certificate.

Lawyers recommend getting married, because proving rights to inheritance in unpleasant circumstances will be very difficult. Especially if the common-law spouse does not have supporting documents proving cohabitation and the common family budget with the deceased citizen.

Still have questions? Just call us:

Inheritance in a civil marriage: rights of cohabitants to join

After the death of a citizen, his relatives or testamentary heirs have the right to accept the property left behind. This process is called inheritance. Several applicants can join at the same time. Will there be a common-law wife or husband of the deceased among them?

The order of inheritance according to the Civil Code of the Russian Federation

In accordance with the Civil Code of the Russian Federation, by law, only his close relatives, who, based on Articles 1142–1145, are represented by seven orders of recipients, can accept the inheritance after the death of the deceased. The first to be called to inherit will be the spouses, parents and children of the giver.

The rights of a wife to her husband's inheritance are strictly regulated by law. The wife will be called to inherit if:

• The marriage with the testator was officially registered.
• The wife was not deprived of the right to enter into the will.
• The spouse is not an unworthy heir.

The husband or wife of the deceased, like any other heir, has the right to refuse to accept the inheritance by writing a corresponding statement at the notary's office. According to Article 1158 of the Civil Code of the Russian Federation, it is possible to transfer a non-inherited share in the event of refusal in favor of another successor.

Together with the relatives of the deceased, and sometimes instead of them, persons who have been identified as applicants by the testator himself can receive the inheritance. For this purpose, a will is drawn up, which allows the giver to independently dispose of his property.

The legal heirs of the first priority have the right to a compulsory share, which is half of their allotted share. This right can be exercised by spouses, children and parents who are disabled and have been limited in inheritance. What are the rights of a common-law husband after the death of his wife?

Rights of common-law spouses to each other's inheritance

How is the inheritance distributed after the death of a common-law husband and does his cohabitant have the right to join? According to the law, this form of relationship is informal, which means that partners do not have rights to inherit the property of common-law spouses. The direct heirs of a citizen will be his close relatives or successors under a will.

The official spouse of the deceased is one of the main contenders for inheritance. According to Article 1150 of the Civil Code of the Russian Federation, after the death of the testator, his remaining spouse has the right to division of jointly acquired marital property.

But the common-law spouse does not have any rights to the division of common property. After the death of the husband, his partner will receive only what belongs to her by right of ownership. However, in some situations, inheritance in a civil marriage is still possible. Below we will talk about when a common-law wife will have rights to the inheritance of her unofficial husband.

Legal right

In accordance with Article 1148 of the Civil Code of the Russian Federation, the rights of a cohabitant to an inheritance after the death of a cohabitant will be recognized by law if the woman was a dependent of the deceased testator. To obtain this status, two conditions must be met:

• The dependent was financially dependent on the deceased for a period of at least one year.
• A dependent who is not a relative of the giver must live with him for a period of at least one year.

Inheritance in a civil marriage without a will will be accepted by the spouse on an equal basis with other successors called to take over, if the fact of dependency has been proven.

Dependency can be established if the common-law spouse of the deceased is:

When registering an inheritance, the cohabitant must provide the notary with documents that may indicate the applicant’s dependence on the testator for the specified time. In practice, this is quite difficult to do, since it is not always possible to prove the time of cohabitation and financial dependence.

Dependents can inherit on their own, acting as the eighth priority of heirs according to the law, if there are no other applicants for taking over the property.

Entry by will

An inheritance in a civil marriage after the death of one of the partners can be received not only as a legal dependent of the deceased. According to Article 1119 of the Civil Code of the Russian Federation, the testator has the right to draw up a will, according to which the property can be accepted by all persons specified in the document.

Such an heir may also be the common-law wife of the deceased. For her, the testator can indicate the size of the share in the inheritance. If there is no such condition, then the property is divided equally among all recipients.

But it is worth paying attention: a will often causes conflicts between claimants, especially if the legal relatives of the testator were excluded from the number of successors. A will can be revoked if it:

• Written by an incapacitated person.
• It does not contain the testator's signature or the official's identification.
• The rights of heirs to receive a mandatory share were not taken into account.
• The meaning of the document is unclear.

Can a common-law wife enter into an inheritance alone and receive all the property of the deceased? Yes, there is such a possibility if the giver transferred the entire inheritance mass to the recipient under the will.

Registration of inheritance after the death of a common-law spouse

As we found out, the rights of a cohabitant after the death of a cohabitant to an inheritance can arise only in two cases: if the testator was a dependent of the deceased or a will was written in his favor. The procedure for entering into inheritance includes several steps:

After the common-law husband has died and six months have passed since this event, the common-law wife of the deceased will receive a certificate of inheritance, on the basis of which the successor can re-register the property in his own name.

In order to obtain a certificate of inheritance, you must prepare the following documents:

• Death certificate of a common-law spouse.
• Certificate of its place of registration.
• Papers for property belonging to the deceased.
• Will or proof of dependency.

It is necessary to submit an application with documents to a notary or to carry out the actual acceptance of the property within six months from the date of death of the testator or from the date the court determines the transferor to the deceased.

An inheritance in a civil marriage can be obtained only in the two described ways. The legislation does not provide for other opportunities for cohabitants. If you have a question on this or any other topic about inheritance, you can contact our lawyer: we are ready to provide free advice and help you resolve your situation.

Does a common-law wife have the right to inherit after the death of her husband in 2023?

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

General information

From a legal point of view, civil marriage is cohabitation. And therefore, the civil barque does not provide those rights and responsibilities that arise in an official marriage. First of all, this concerns property rights. Common-law spouses cannot use the property regime in which all property acquired during cohabitation becomes common.

The right to property remains with the spouse for whom the documents are drawn up. Even if it was purchased on credit and, for example, the wife pays, the husband still remains the owner. In some cases, you can prove your rights to part of an apartment or house, but in practice, courts rarely satisfy such claims.

Common-law spouses cannot draw up a marriage contract, since by law they must register their relationship to do this. Therefore, when parting, each of them remains with his property. Sometimes it is possible to sue for a share of property, but this happens extremely rarely.

Common-law spouses are also not subject to the inheritance rules that apply to legally married persons. In other words, they cannot inherit from each other.

If we talk about official marriage, then everything is the other way around. Legal spouses are first in line to inherit, and in case of divorce they can divide the common property without any problems. Even if only one of them is indicated by the owner.

Order of succession

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

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

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

Mandatory share

Any citizen can bequeath his property using the appropriate document. And if the will is drawn up according to all the rules and certified by a notary, it is impossible to challenge it. Since the testator can indicate any legal successor (and even a legal entity), rules are used that protect the rights of people who were dependent on him.

These include:

• disabled;
• minor relatives or family members.

At the same time, relatives who are in the first line of inheritance have a priority right to the obligatory share:

1. legal spouses;
2. children;
3. parents.

The common-law wife is not listed on this list either, so you will have to prove your rights to receive the inheritance. But confirming the fact of being dependent on the testator is not so easy if there are no health problems.

How to prove your rights

If the testator and his wife were not married, but only lived together, the issue of inheritance can take a very long time to resolve. And not always in favor of the common-law wife. It’s one thing if there is a will (although relatives of the deceased often dispute such documents). If this document is missing, you need to go to court. The defendants, as a rule, are the legal heirs of the deceased.

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

The following documents will be needed as evidence:

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

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

Statement of claim

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

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

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

Children's rights

If a couple in a civil marriage has children, they have no restrictions on property rights. Therefore, they can inherit from either parent on the same basis as children born in an official marriage. This may be a will or legal inheritance. If a minor child is not named in the will, he can claim a mandatory share.

How to protect yourself

While in a civil marriage, both spouses risk being left without any rights to the property acquired together. Therefore you need to do the following:

1. When purchasing property, draw up a purchase and sale agreement for both spouses.
2. Divide property into shares and register ownership.

In the first case, the spouse can claim her part of the property from the heirs on the basis of Art. 252 of the Civil Code of the Russian Federation. If it is registered as shared ownership, then no problems should arise, since part of the common-law wife’s property will not be included in the inheritance estate.

If it is impossible to register property as shared ownership, but the spouse invests in its maintenance and improvement, then you need to save all checks, receipts and bank statements. This will allow you to prove in the future that the property was financed.

Pros and cons of civil marriage

The advantage of a civil marriage is that both partners feel more free in it. In addition, there are no problems with the division of property upon separation, since everyone usually takes their own. But property disputes are also the main disadvantage of civil marriages. Many spouses end up settling them in court.

Let's sum it up

Inheritance in a civil marriage provides virtually no chance for spouses. The law is quite strict - the absence of a stamp in the passport deprives any of them of legal rights to the property of the other. An exception is the presence of a will or the proven fact that the wife is dependent on her husband. But this does not guarantee that other heirs will not go to court.

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