After the death of a spouse, the question arises: how to properly divide the property bought by him before marriage? What share can the wife claim, and what the rest of the heirs of the first stage will receive.
The spouse's property can be jointly acquired and individual. Individual property includes:
- Everything that is bought and received before marriage;
- Any valuables received as a gift;
- Personal items (except for jewelry and luxury items of significant value);
- Everything that was acquired in marriage with funds received before marriage;
- Intellectual property spelled out in article 1225 of the Civil Code of the Russian Federation.
More details about individual property are written in article 36 of the Family Code of the Russian Federation.
Exceptions:
If the property was acquired before marriage, but it is proved that during the cohabitation, the second spouse made significant financial investments and contributed his labor. And if, thanks to these investments, the value has increased significantly, the property is considered jointly acquired. (Article 37 of the RF IC).
For example: a spouse before marriage bought a hut for demolition for 25 thousand rubles. A year later, the relationship was legalized. The wife worked 3 jobs, paid off loans and helped at the construction site herself. Thanks to her efforts, over 15 years, a chic mansion worth 13 million rubles has grown on the site. After the death of her husband, she still had loans taken for building materials. The mansion is considered a joint property, as her contribution was significant.
How inheritance is divided between relatives
The wife, children and parents are members of the first order of inheritance. If the property was acquired before marriage, there were no significant investments from the spouse, everything is divided between the applicants of the first stage in equal shares.
Applicants of the second and subsequent stage of the inheritance no longer have the right to inherit. If the deceased from the heirs of the first stage only has a wife left, all property rightfully passes to her.
If a divorce certificate was issued shortly before death, the ex-wife no longer has the right to a share in the inheritance.
How to get an inheritance
Within 6 months after the death of a spouse, you need to contact a notary with the following documents:
- Passport;
- Spouse's death certificate;
- Marriage certificate;
- If there was a will, you also need to take it with you;
- Certificate from the place of residence;
- Documents for property belonging to the deceased;
- Receipt for payment of state duty.
Will
If a will was drawn up in which the share of each heir is clearly spelled out, questions will no longer arise. If the deceased decided to bequeath all the property acquired before marriage to his wife, so it will be.
