The rights to the inheritance of the civil wife

The distribution of hereditary property is very popular in notarial practice. Namely, the order of its section is given the most important role. Are civil wives to the number of people who have reason to receive the inheritance of the deceased husband - a rather popular question. After all, often the cohabitant performs the functions of the economy in the last years of the life of the deceased. Consider the legal consequences of such a cohabitation after the death of the actual spouse.

1
Inheritance by law

There are two ways to distribute the property of the deceased - by law and in the will. In the first case, it is possible to claim part of his property only in order of inheritance. Such a sequence of all persons related to the mustache is fully described in articles 1142-1145, 1148 of the Civil Code of the Russian Federation. For example, the first in line will be the official spouse, children or parents of the testator. There are only eight such queues by law, and in no one is mentioned in civilian spouses. Accordingly, the latter do not have reason to receive inheritance from the cohabitants.

2
Exceptions from rules

It should be noted that there are isolated cases to retreat from the rules described above. To the circle of the eighth inheritance queues include disabled dependents ( art. 1148 GK). It is to such a minor who can be attributed to a minor or disabled woman, together living with the deceased at the time of his death of at least one year. Thus, in a civil wife, hereditary right only appears when performing the following conditions:

Official disability (disability I and II group);
Finding on the content of the cohabitant during the year before the onset of his death;
Joint living with a civil husband.

In the case when there are no applicants for preceding queues, a disabled wife actually becomes the only heir. If the members of the first seven laps exist, then it will be recognized as a member of their queue and divide the property equally with them.

3
Inheritance by will

The most faithful way to get the inheritance actual spouses and their children is to be included in the will. This right is regulated by the article. 1119 of the Civil Code of the Russian Federation "On the freedom of the will", in which it is stated that the testator can unsubscribe to anyone. And only the faces indicated in the article 1149 GK, In any case, to have a stability inheritance. For children of citizens whose union was not registered, the main condition for inheritance in the first stage circle is to have a formal document confirming paternity. Otherwise, it will have to prove this fact through the court. If the deceased spouse entered his "unconfirmed" wife to the will - she was not worried about what. In this case, she will receive its share in the hereditary mass.

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4
The principle of freedom of disposal

In the will it is worth considering another important nuance. There is a specificity that determines the method of disposal of property. So, the testator in the administrative document may indicate:

List of inheritance recipients without specifics. In this case, the property will be divided equally.
The share of each heir.
A specific thing, value or real estate, which relies with a specific recipient.

The best option to avoid disputes is to act according to the third principle. Otherwise, when the actual wife and other heirs cannot conclude, it can determine the composition of its share only in court.

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Like it or not, civil marriage - is an unrecognized kind of relationship. Even despite the fact that this form of married life almost ingrained in our time. think in advance about their rights - to eliminate bureaucratic or judicial red tape in the matter of inheritance. Uzakonte their relationship or monitor the presence of a will.