The loss of a loved one is always a family grief, regardless of who goes to another world. The loss can be especially felt when people have lived side by side for many years.
But life does not stand still; we have to resolve all issues related to the re-registration of property rights.
How to properly register an inheritance after the death of a husband? What documents are needed and who to contact? We'll tell you in our article.
The wife's rights to her husband's inheritance after his death
The wife has the right to property after the death of her husband on an equal basis with the other heirs, if there are any.
If a woman has already lost her ability to work due to age or disability, then she will also be an heir, regardless of the contents of the will that the deceased left. After all, a mechanism will come into force, implying a mandatory share in the inheritance.
When the time comes for paperwork, the wife will be part of the first line of heirs. In addition to her, the spouse’s children (including those from several marriages), as well as his parents, have rights to the property.
A wife can accept property from a deceased person, provided that at the time of the man’s death, the marriage officially existed and was registered in the manner prescribed by law.
Among all mentioned relatives, the capital is divided in equal parts, as required by civil law. If the wife is the only heir, then the question may certainly arise: what is the wife's share of the inheritance after the death of her husband?
In such a situation, the wife inherits both all her husband’s personal belongings and half of the property in common joint property that was acquired during the existence of the family. In this case, the woman retains 1/2 share in the property acquired during the marriage.
The right to inheritance of a deceased spouse is retained even in a situation where the wife was not mentioned in the will, but at the same time she lost her ability to work. Then she is entitled to at least half of the part of the property that would have gone to her by law. In inheritance law, this is considered a mandatory share.
Complexities of inheritance cases
Russian courts traditionally do not like situations when individuals try to use the death of a citizen in order to try to take away what is already being used by other citizens, but sometimes life poses tasks to which an unambiguous answer is impossible.
For example, after the death of a citizen, an apartment remains in which his wife and child live. But from his first marriage he also has a minor child who is recognized as disabled. All this time, the disabled person lived in another apartment, and his parent received alimony. And suddenly it turns out that he can lay claim to part of the apartment?
We are not inclined to make any definitive statements about who will ultimately win in litigation. We can only note that there is no ideal legal way to resolve property disputes, so here too everything depends on a number of factors.
What if this apartment is more than 100 sq. meters, so the space standards per apartment owner are exceeded, and a disabled child from his first marriage is huddled in 20 square meters. meters? In such a situation, the court’s decision on the need to include the apartment in the inheritance estate and its division would have certain grounds. But the owners of that large apartment also have reasons to appeal the court decision, which forces them to sell the property that they are accustomed to and for many years considered only theirs.
What to do before entering into an inheritance
Before registering property for a wife after her husband, it is worth taking preparatory steps.
First of all, you should obtain a death certificate from the registry office. This is necessary in any case.
The next step is to take inventory of your property. If at the date of death the spouses were living together, then this is easiest to do.
However, it also happens that the husband and wife, although formally married, have been living separately for a long time. In such a situation, obtaining information about the property of the deceased will be difficult, but these issues can be resolved by a notary.
It is also worth finding out whether the deceased spouse wrote a will. After all, then the process of registering an inheritance may take a completely different path.
The wife should also pay attention to the debt obligations of the deceased husband (receipts, loan agreements) if they can be discovered. It will turn out that the outstanding loans will also be inherited by the spouse. And a wife cannot enter into a certain portion of the inheritance after the death of her husband.
Do not forget about the title documents regarding the property of the deceased spouse. All of them will have to be presented to the notary in charge of the inheritance matter.
Controversial issues in judicial practice
Although the main provisions concerning the issue of the spouse’s share in the inheritance are quite clearly stated in the articles of the Civil and Family Codes, each specific case has its own nuances and reservations.
The wife or husband has the right to exactly half of the common property, but this share can be reduced. The more applicants for the deceased’s material assets, the more difficult the process of dividing the inheritance will be.
Cohabitants or common-law spouses, as we usually call them, have nothing to count on at all.
Without a stamp in their passport, in the face of the law, they are considered strangers to each other. The position of the state is quite simple: if you want to get the rights of your spouse, which will be regulated by the UK, legalize your relationship. In this situation, it makes sense to defend only the rights of a common child who is actually registered as common, but born out of wedlock.
There are often precedents when a spouse is left with nothing at all if during marriage they decided to “save” on taxes, and bypassing the laws they formally register the purchase as a gift in the name of one of them. In this case, the second spouse, who was bypassed by such an act of “generosity,” is deprived of all rights to it.
Former significant others also often make claims on part of the property. They have the right to such actions only if they were dependent on their ex-spouse.
The procedure for receiving an inheritance and the necessary documents
So, when everything is ready, it’s time to move on to all the necessary legal formalities. Receiving an inheritance after the death of a husband begins with a visit to a notary in the territory of residence of the deceased.
At the notary's office you need to write an application for registration of a certificate of inheritance.
The kit should include:
- death certificate;
- copies of all property documents (that we managed to collect);
- banking agreement, if available.
And you also don’t need to forget a copy of the marriage certificate - after all, it is necessary to confirm the fact of family relations with the deceased.
You need to be prepared for the fact that the wife's inheritance after the death of her husband will result in additional financial expenses for her. In particular, you will have to pay a state fee to register an inheritance for a house or apartment.
The state duty is 0.3 percent of the value of the property that will go to the spouse.
The law sets aside a certain time frame for receiving an inheritance. And they amount to six months from the date of death of the spouse.
It is possible to restore the missed deadline with the help of the court, but in practice this can be extremely difficult. Therefore, it would be useful in such a situation to resort to the services of a probate lawyer.
Questions from our readers
Is it possible to refuse the spousal share?
One of the spouses may renounce his part on the basis of Art. 236 of the Civil Code of the Russian Federation. To do this, you need to write a corresponding application to the notary at the place where the inheritance was opened. If the spouse issues a waiver, then the property will be divided between the heirs according to the law in equal shares. In this case, the citizen has the right to claim inheritance on a general basis.
Is it possible to challenge the spousal share?
The heirs do not always agree with the surviving spouse’s application for the allocation of his part of the property. In this case, you can file a claim in court at the defendant’s place of residence. Any interested parties have the right to initiate the procedure. The defendant is the spouse of the deceased citizen. The claim must state the reasons why the property cannot be considered jointly owned. For example, if the property was acquired by the deceased before the formalization of the relationship or was transferred to him by gift. The state fee for filing a claim depends on the value of the property.
Actions after receiving a certificate of inheritance
First of all, entering into a wife's inheritance after the death of a spouse requires receiving a certificate certifying the spouse's rights to real estate. It will indicate which properties the wife receives from her deceased husband.
After which you should take care to re-register some properties in your name. We are talking, first of all, about real estate, land or transport (not necessarily automobile).
If you have received deposits, then the bank, after receiving a certificate of inheritance, will give the money to your spouse.
The wife may also receive the husband's share in the authorized capital of the enterprise. And here you also need to take care of compliance with all necessary corporate formalities.
Each situation with inherited property is individual. And you can choose the optimal course of action after consulting with a lawyer.
Underwater rocks
Citizens may encounter problems when allocating their marital share:
- Often, the spouses of a deceased citizen have a question about how to divide common and personal property. It is necessary to turn to family law, where these concepts are clearly distinguished.
- Citizens may have problems registering their share through the court. It is recommended that you consult with an attorney before filing a claim. A specialist will help you correctly draw up an application, indicate common ownership in it, and provide strong evidence of joint ownership of property.
- A citizen can refuse both the marital share and inheritance according to the law on a general basis. The document can be executed at the same time by a notary.
- To open an inheritance case, 6 months are given from the date of death of a person. If the spouse misses this deadline, he may also lose the right to allocate the marital share. In this case, you can go to court with a request to restore it. In this case, it is necessary to provide compelling reasons for missing the deadline and provide evidence.
Recommendations for inheriting property after the death of a spouse
So, we have already found out that the wife is one of the primary heirs. Therefore, the wife’s share in her husband’s inheritance will directly depend on the presence of other claimants to the property.
In any case, it is worth contacting a notary in time, having first collected all the required documents. It is possible that at the same time you will have to deal with the valuation of the property. The state duty paid for obtaining a certificate of inheritance will depend on these data.
The services of a lawyer for inheritance cases in St. Petersburg can significantly facilitate the process of taking over your rights. It is only important to contact him in time.
Author: Oleg Vladimirovich Roslyakov, source.
Is it possible to increase or decrease the spousal share?
It is a mistake to believe that the marital share can only be allocated during inheritance by law. Often, property disputes arise during divorce. Especially if the spouses cannot agree on who will receive what property. In order to resolve the issue, you will have to go to court.
A claim for an increase/decrease in the marital share can be filed by the initiator of the divorce or the second spouse (it does not matter). The form of the claim is fixed by the provisions of Art. 131 Code of Civil Procedure of the Russian Federation. Along with the claim, documents are attached that confirm the plaintiff’s rights to the property.
In which cases?
Expert opinion
Stanislav Evseev
Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.
Increasing or decreasing the marital share is a serious step. If the plaintiff wants to increase his share, he must prove that the actions are justified.
The grounds for increasing/decreasing the spouse’s share are enshrined in Art. 39 of the RF IC, namely:
- the plaintiff remains with the child (children) who have not reached the age of 18;
- disability of the spouse - complete or partial (examples: retirement, injury at work);
- the second spouse did not invest money in joint property, was unemployed without good reason;
- the defendant spent the common money, abused alcohol, gambling, and drugs, and caused damage to the family.
The specified reasons are grounds for reducing the spousal share of the violator or increasing the size of the share of the needy spouse.
What to do, where to go?
Even if you are sure that you are right, you will have to follow the legal procedure. Otherwise, you will not be able to move forward with filing a claim in the court office.
Algorithm of actions:
- Determine the composition of jointly acquired property.
- Calculate the share that is planned to be increased or decreased.
- Invite the spouse to enter into an agreement to change parts of the common property.
- Draw up a statement of claim, collect a package of documents and pay the state fee.
- Transfer the package to the office of the district (city) court at the defendant’s place of residence.
- Speak at the hearings, justify your position, give arguments.
- Receive the final court decision.
Keep in mind that initially the shares of the spouses are equal. The court will deviate from this principle only if there is substantial evidence.
Proof
The spouse can provide both oral and written evidence - preference is given to physical documents.
Approximate list:
- certificate of family composition;
- child's birth certificate;
- copies of reports from the police, from the district police officer - about the immoral behavior of the second spouse;
- medical opinions about the spouse’s addictions;
- certificates from the place of work, the Employment Center;
- order of dismissal from work;
- characteristics from the place of work, reviews and testimony of colleagues;
- certificates, receipts, checks, invoices for the purchase of jointly acquired property.
The more significant the evidence, the higher the chances of success in the upcoming dispute. If it is difficult for you to do this on your own, contact the lawyers of our portal for help.
Division of inherited property during divorce
Now let's talk about the inheritance that the spouse did not leave after his death, but received from a deceased relative. Upon divorce, the mandatory division of property between the spouses begins.
Everything that was acquired jointly is “sawed” in half, but what does the law say about the inheritance received? The other half cannot lay claim to such material assets, because they were transferred free of charge.
The received inheritance is a priori equal to the donated one, and the heir has the right to dispose of such property at his own discretion. There are exceptional cases in which, through the efforts of the other half, the value of the inheritance was increased several times.
Here we are most often talking about housing, plots of land or vehicles. Using funds from the family “piggy bank,” the apartment was renovated, a good-quality residential building was erected on a piece of land, or an old car was patched up to the highest standard.
In such situations, the spouse may not count his share, but participation in the process of reconstruction, repair or construction will definitely have to be proven. A completely different situation arises with the inheritance that both spouses received from a beloved relative of one of them. Here they both have equal rights, so it makes sense to defend them.
