Up to 6 months after death, the spouse must declare their rights to the property of the deceased. What if part of the property of the deceased spouse was bought out of wedlock? How to share property with other heirs of the first order?
Personal property
Article 36 of the Civil Code of the Russian Federation clearly indicates that the individual property of each of the spouses includes:
- Everything that was bought by the spouse before the formal relationship of marriage;
- All gifts given in marriage;
- Personal items that were only used by the spouse. Exceptions are jewelry and luxury items. Significant value;
- If the property was acquired in marriage, but with money. Which were accumulated by him before the conclusion of the union;
- Also, personal property is the results of intellectual activity, which are described in detail in article 1225 of the Civil Code of the Russian Federation.
After the death of a spouse, all of the above values are inherited by the second spouse in accordance with the procedure established by law. If the marriage has been dissolved, the former spouses are excluded from the line of succession. It doesn't matter how many days before death the marriage was dissolved, or how many years the couple lived together. The only exception can be the inclusion of the name of the former spouse in the will, where the inherited share of the property of the deceased will be determined. And if the deceased bequeathed all his property to his ex-wife, relatives, heirs of the first stage, can challenge the will. And divide 50% of the property bequeathed among themselves in equal shares. If there are no heirs of the first order, relatives from other queues can challenge the will.
Inheritance queues
- First of all, they include: wife, children (relatives and officially adopted children), mother and father of the deceased;
- The second stage is grandfathers, grandmothers, brothers and sisters;
- The third stage is uncles, aunts;
- 4th stage - great-grandmothers, great-grandfathers;
- 5th turn - great-uncles and grandmothers, children of nephews and nieces;
- 6th turn - cousins and uncles, grandchildren of nephews and nieces;
- 7 turn - stepsons, stepdaughters, stepmother, stepfather.
People from only one queue can apply for an inheritance. All property of the spouse will go to the heirs from the first stage. If, for example, only a wife and 2 children remain from the first stage, all property will be divided into 3 equal shares. If in the first stage there is no one besides the wife, all the property will go to her, unless a will is drawn up.
By will
If the deceased spouse managed to draw up a will, in which all property after death should go to his wife, 50% will already belong to her by law. If the relatives dispute the will, the remaining half will have to be divided between the heirs of the first order. After all, legitimate children, parents and dependents of the deceased also have a right to his property.
