Divorce after the death of a husband or wife: termination of marriage through the court or the registry office.

Procedure for registration and deadline for accepting inheritance

If we are talking about a privatized apartment, then its inheritance is implemented in order:

The inheritance case is opened (the day of the spouse’s death). The deadlines provided for the execution are counted from the date of death of the testator.
The heirs write a statement of their consent to receive the property left by the deceased. The paper, prepared according to the law, is given to a notary whose office is located at the place of residence. This must be done within 6 months from the date of death of the relative.
Obtaining a certificate of inheritance of housing. The executed document is given by the notary after 6 months from the date of death of the spouse.

The spouse, children, parents, and dependents can carry out a number of actions to prove the fact of acceptance of the inheritance. For example, they live in an apartment, have a residence permit there, where the deceased also stayed, and pay for housing. That is, actions should be aimed at confirming the desire to maintain the property.

If the testator has written a will, then the notary must submit the following documents:

death certificate;
a set of certificates from the BTI (the list includes a document that records the cost of housing, a registration certificate for the property);
a copy of the will signed by a notary, you can also provide the original;
extract from Rosreestr.

It is necessary to prove the testator's right to the transferred housing using a will. It is necessary to provide documents and paper confirming the absence of debt.

During the process of inheritance, disputes may arise and in order to resolve them, it will be necessary to submit additional documents. The notary will warn you about them. The specialist himself can make a request to provide certificates to the relevant services. The heir will not only receive rights to the property, but he will be charged with the responsibility of maintaining it.

If there are debts to pay for housing, then the heir will have to resolve this monetary issue. All obligations to repay the debt will fall on his shoulders.

After solving material issues, a person can dispose of property at his own discretion. The owner has the right to write a refusal of the inheritance due to him. This option may be appropriate if the number of debts exceeds the property benefits. In some cases, you have to pay a state fee, which does not exceed 1% of the value of the property.

If a person lives in the apartment of the deceased, he is the first priority, then he actually accepted the inheritance. You can start registering your property rights at any time. But it is better to apply within 6 months after death.

In the case where there are several heirs, within six months from the date of opening the case, each of them can refuse the inheritance in favor of the others. After 6 months, this will no longer be possible.

Termination of a marriage due to the death or declaration of one of the spouses as deceased

A valid marriage is terminated due to the death of a spouse or the declaration of a spouse as deceased, as well as through its dissolution - divorce (Article 16 of the RF IC). Each of the grounds (legal facts) with which the law connects the termination of a marriage, and consequently the termination of legal relations between spouses, has its own specific characteristics.

The death of one spouse is the natural way to end a marriage. The document confirming the fact of termination of marriage is a death certificate issued by the registry office.

Important

The court declaring one of the spouses dead entails the same legal consequences as physical (natural) death. By decision of the court, state registration of death is carried out, the marriage is considered terminated, and an inheritance is opened.

If the process is started at the request of both spouses, then both of them write applications to the registry office. You should contact the institution located at the place of residence of either spouse.

You can contact the department where the marriage took place and its registration. If one of the spouses is deprived of liberty, then a judicial act confirming this fact must be attached to the application of the second spouse.

You also need to report the absence of children and the desired last name after the divorce, if the spouse changed it at the time of marriage. The reason and reasons for terminating the union are not indicated in the application.

Do I need to file for divorce if my spouse dies?

Family relationships and their termination are regulated by the Family Code. The regulatory legal act describes in detail the procedure for divorce under certain circumstances.

Grounds for ending a marriage:

one party requests a divorce;
divorce is filed by both parties;
death of one of the spouses;
the court recognizes one of the spouses as dead.

If one of the parties is officially declared dead, a divorce is not required. In this case, the marriage ends automatically.

Invalidity of marriage after the death of one of them

The death of a spouse is the first ground in the Family Code for ending a marriage. The same basis is used to recognize a spouse as deceased if he has been absent for five years, has not maintained contact with his family or other loved ones, has not made himself known, and has not been confirmed by anyone that he is alive.

If the spouse was in places where his life was in real danger (military operations, natural disasters, man-made disasters), then the period is reduced to six months. In the event of a person's death confirmed by a medical report, a death certificate is issued.

And in case of unknown absence for more than five years (or six months in cases provided for by law) on the basis of an appeal by interested parties to the court - a court decision. How to dissolve a marriage with a deceased spouse? Death or presumed death terminates all transactions involving the citizen. Content

1 Divorce methods
2 How to cancel a divorce? 2.1 Is it possible to cancel the decision of the registry office on divorce?
2.2 Is it possible to cancel a court decision on divorce?
2.3 Cancellation of a divorce decision through an appeal
2.4 If the deadline for appeal is missed

3 Need a lawyer

The Civil and Family Codes define the procedure for marriage and its dissolution. One of the spouses can initiate divorce proceedings, but the consent of the other spouse is not necessary. But it happens when both spouses after some time may change their minds and regret what they have done, and a logical question arises - how to annul a divorce after it has taken place? Divorce is an official procedure, which is not so easy to reverse. Moreover, if a passport is replaced due to deadlines or due to loss or damage, a new passport will be issued without a stamp. If a person who did not change his passport after the death of his spouse wishes to enter into a new marriage, when submitting an application he will need to present a death certificate of his former spouse to the registry office.

I also note that a similar situation arises when one of the spouses is declared dead by a court decision. In court, a citizen can be declared dead if there is no information about him at his place of residence over the past five years.

How to determine the end date of a marriage

The date indicated on the death certificate of the spouse is the date of termination of the marriage relationship with him.

There are often situations when doctors are unable to determine the exact date of death of a person. In such cases they indicate a specific interval during which the death could have taken place. The latest date will be considered as the date of termination of the marriage relationship. For example, if health workers stated that the death occurred between December 6 and December 12, then the date of termination of the marriage would be December 12.

Options for determining the date of divorce from a deceased spouse in court:

The date is set as the day on which the relevant court decision was made.
The date is set as the day when the person could have died. For example, the missing spouse was on board an airliner that crashed.

If the spouse has died and the body is discovered, a corresponding medical certificate will be required to register the death at the registry office. In this case, the marriage relationship ends automatically. If a spouse has disappeared, the law provides that he can be declared dead only after a certain time. To annul such a marriage, a court decision will be required.

Divorce or dissolution of marriage

Is the marriage annulled due to the death of one of the spouses? Lyudmila Hello, Lyudmila. The Family Code of the Russian Federation states that a marriage ends upon the death of one of the spouses. This happens automatically, that is, there is no need to formalize its termination in any special way - neither file a divorce, nor obtain a certificate of divorce. But the widow (widower) needs to obtain from the registry office a death certificate of her spouse, which will be a document confirming that this person is not in a marital relationship. The marriage is considered terminated from the date of death of the spouse. Let me emphasize: in this case, the legislation does not provide for affixing any stamp to the passport indicating the termination of the marriage due to the death of the spouse. That is, the last stamp remains in the widow's (or widower's) passport - the registration of marriage. Later, after a divorce, it is allowed to submit the corresponding claim to the court for the division of property. In cases where married couples have registered their relationship in the territory of other states in compliance with all formalities, they will not be able to go through a divorce case through the registry office in Russia. They will have two options - appeal to the judicial authorities or divorce in the country of its registration. Submitting an application The procedure for divorce through the authorized state registry office will be very quick and uncomplicated. During such a process, the only thing required is the willingness of the two spouses to divorce and their presence. Unlike the judicial divorce process, this option will not exhaust people who want to separate, will not spoil their nerves, and will save their time.

USEFUL INFORMATION: How to properly issue a power of attorney to register a house

To submit applications for divorce, you can contact the Civil Registry Office directly, send the necessary application through a specialized website, or use the services of the MFC (Multifunctional Center). Connection with Soviet legislation It is noteworthy that much of today's Russian legislation has its origins in Soviet times.

And family law is no exception. Under Soviet rule, divorce was very rare; the state at that time took real measures to save marriages and reconcile spouses. One of these measures was to create difficulties for divorce; in particular, it was then that the rule was established that a spouse could not unilaterally divorce. This legal requirement has survived to this day.

If property was divided during a divorce, does the former spouse have the right to inherit?

The presence of a marriage contract also plays an important role, since it is it that can change the legal order of division of property 50/50 and with a marriage contract it is possible to divide the property of the spouses differently than the law prescribes to us.

What is a prenuptial agreement? How to conclude and terminate it?

All property that was acquired by spouses using common money during marriage is considered jointly acquired and upon divorce is divided 50/50, unless otherwise provided by the marriage contract.

If the property upon divorce was divided in court and, say, the spouses divided the apartment 50/50, then each has half of the apartment. In this case, the inheritance will remain from both the ex-husband and the ex-wife.

Since the apartment, in principle, is not divided into 2 parts, the spouses, by agreement, can sell it and divide the money in half, which can be further confirmed by documents, or one spouse paid the other the cost of half of the apartment, and the apartment was fully registered in his own name and an agreement was concluded on that, for example, the wife stays in the apartment and registers it in her name, and the husband is paid half the cost of the apartment.

In general, former spouses do not have the right to inherit by law (since the marriage is dissolved), unless, of course, they are included in the will.

But again, if the marriage is dissolved, this does not mean that the spouses cannot lay claim to the property that was acquired during the marriage. But only legal spouses who were married on the day of death of one of the spouses can enter into inheritance.

The Civil Code establishes the persons who have the right to enter into inheritance and the heirs of the first priority are:

Parents of the deceased;
Children of the deceased;
The deceased's spouse (legal).

As we see, only the legal spouse has the right to inherit, and this is the one who, at the time of opening the inheritance, was in a legally registered marriage with the registry office. And if the marriage was dissolved and the property was divided, then the former spouse does not have the right to inheritance.

But there is one point regarding the division of property. Let me give you an example! The spouses had an apartment and during the divorce it was divided into 2 parts, and each of the spouses is listed in Rosreestr as the owner of 1/2 of the apartment (each of the spouses registered their half). That is, the wife owns 50% of the apartment and the husband owns 50% of the apartment, each has a document confirming ownership of half of the apartment (title document).

But let’s say the wife did not live in the apartment after her divorce from her husband, but lived separately, and the husband used the apartment, but later died and an inheritance opened up. The husband owns half of the apartment, which means that the heirs can inherit only half of the husband’s (deceased) apartment, because only 50% of the apartment is registered in his name, and the wife owns the second 50%, and in just such a situation, many may think that the wife inherits 50% of the apartment after her ex-husband, but this is not so, she is simply the legal owner of half of the apartment and it is her half to which the heirs have no rights.

But we are not talking about inheritance here, this is an erroneous opinion that the ex-wife with whom the marriage was dissolved does not have the right to inheritance, it is in this article that I want to show and explain this to you, it is simply an erroneous opinion that if the wife did not physically take her half of the apartment after a divorce or did not receive compensation in money, then she remains the owner of half of the apartment, but does not inherit it, and can at any time either sell half or live in it herself, this is her property.

It turns out that if the former spouse has ownership rights in the property of the former spouse who died, then she cannot, in principle, be an heir, she simply owns, for example, 1/2 of an apartment that was purchased during the marriage and was registered in the name of both spouses, just after a divorce, for example, the wife did not demand the sale of the apartment or did not demand that her ex-husband buy out her share in the apartment, but simply did not use her share for some time, and then, when she found out that her ex-husband had died, she declared her legal rights to half the apartment.

Family legal consequences of the death of a spouse or recognition of him as deceased

A divorce can be declared invalid only if there is a violation of its procedure or the law, and if we are talking about “deception,” you can go to court. But what is the deception if the divorce is by mutual consent? Ex-wife doesn't want to be an ex? Deceived? As I understand it, this bitch demolished part of your property and even more? It is impossible to admit the fact of divorce, even due to newly identified circumstances, unless you can prove that there was pressure or threats, you can only send a review of the division of property, women are rare, sign a contract for the future.

Arbitrage practice

In order to legally declare a missing spouse dead and get a divorce after the death of a husband or wife, you must comply with the rules of Chapter 30 of the Code of Civil Procedure of the Russian Federation, which determines the procedural procedure for making the relevant decision. Thus, during the trial in the case of declaring an individual dead, the following points will be important:

Correct preparation of the appropriate petition by the widower. In the application to the court, you must correctly indicate the purpose of the appeal, as well as all the circumstances confirming the death of the wife (husband). If this rule is not followed, the petition may be returned to the sender or rejected.
An important role is usually given to responses to official requests from the court, presented documentary evidence, and eyewitness testimony. The participation of the prosecutor in the process of considering this case is also of great importance.
Compliance with the requirements of Article 45 of the Civil Code of the Russian Federation, which clearly indicates on what grounds the fact of the death of an absent spouse can be established by the court.

Civil marriage and inheritance after death

The same list also includes children of full-blooded nephews, who in relation to the deceased will be considered cousins granddaughters and grandchildren;

Descendants of brothers and sisters of all grandparents, as well as children whose parents are grandchildren, cousins;
Non-natural parents represented by a stepfather or stepmother, as well as stepchildren represented by stepdaughters or stepsons;
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.

Is it necessary to enter into a prenuptial agreement?

The law does not oblige citizens to enter into contractual relations. The same cannot be said about credit institutions.

If the borrower agrees to enter into a marriage contract, then lawyers advise studying its provisions first. The best option is to take a bank sample and visit an independent lawyer. If the agreement is drawn up with a bias in favor of the bank, then its provisions can be corrected.

What if the marriage contract was drawn up by the spouses long before contacting the bank? This happens periodically. However, the lender may not be satisfied with the provisions of the document. To make changes to an existing contract, spouses will need to enter into an additional agreement. After which a copy of the document will need to be provided to the bank.

Example. Ivanov K. took out a mortgage loan from the bank. The marriage agreement stated that the mortgaged property belonged to the borrower. The spouse has no rights to the apartment. After 5 years, Ivanov began to have financial problems. As a result, the family broke up. The apartment was taken to pay off the debt. The marriage contract protected the borrower's ex-wife from claims from the lender.

The presence of a prenuptial agreement in some situations is very beneficial to the parties to the transaction. Mortgage loans are classified as long-term loans.

A lot can happen in 15–20 years. If we take the above example as a basis, the borrower’s spouse could have suffered significantly. For example, if citizen Ivanov became insolvent, then the loan obligations would pass to his wife. Property that was bought by a woman before marriage could come under attack.

The order of inheritance in a marriage contract

As we have already established, the marriage contract and inheritance are closely related to each other, especially in the event of the death of one of the signatories of the contract, who is currently married. The fact is that the terms of the agreement, which will continue to be in effect after the death of the husband or wife, can significantly change not only the composition of the inheritance mass, but also the amount of property that will ultimately be received by the surviving spouse. This is due to the fact that, according to Art. 1142 of the Civil Code of the Russian Federation, the spouse is included in the number of heirs of the first priority, therefore he is called upon to inherit on an equal basis with children (including from other marriages) and parents of the deceased spouse.

Thus, if the agreement determines the regime of joint or shared marital property, the property included in it is subject to division and allocation of the marital share in the manner discussed above. The property remaining after the allocation should be considered to belong to the deceased, therefore it, along with other property considered the personal property of the deceased, will be included in the inheritance mass.

The share in it, according to Art. 1150 of the Civil Code of the Russian Federation, the surviving spouse will also apply. The size of the share will depend on the number of other heirs.

If the marriage contract determines the regime of separate marital property, then joint property is not formed, and, therefore, the inheritance mass will only include everything that is considered the personal property of the deceased. When inheriting by law, the surviving husband or wife will also claim a share in this estate in the general manner.

The legal order can only be changed by drawing up a will. It allows you to determine the circle of heirs based on the internal will of the citizen, excluding from it, for example, a husband or wife, even if a marriage contract has been concluded with him/her. In this case, the spouse will receive only what is due under the contract, without receiving inheritance rights (except for cases where he has the right to an obligatory share).

However, if the will extends to property that is transferred to the surviving spouse under a contract, provided that the marriage contract is valid, such a clause of the will will be considered void.

Grounds for ending a marriage

Attention

The court has the right to declare a citizen dead if it is established that at his place of residence there is no information about his whereabouts for five years, and if he went missing under circumstances that threaten death or give reason to assume his death from a certain accident (earthquake, plane crash, etc.) - within six months after these events. A serviceman or other citizen who has gone missing in connection with hostilities may be declared dead no earlier than two years from the date of the end of hostilities.

Important

This is explained by the need in a number of cases to take lengthy measures to return military personnel and other citizens to their permanent place of residence or to establish their death. The day of death of a citizen declared dead is the day the court decision enters into legal force.

When is a spouse considered dead?

Clause 1 of Article 66 of Law No. 323-FZ of November 21, 2011 establishes that the time of death of an individual corresponds to the moment the person develops one of the following possible signs:

The final cessation of functioning (death) of the brain. Characteristic indicators and features of identifying this condition are described in paragraphs 2-3 of Article 66 of Law No. 323-FZ. This diagnosis is determined by a council of doctors representing the medical institution where the spouse is staying.
The condition of the biological death of a spouse, also called permanent death. It is ascertained by a health worker on the basis of paragraphs 4-5 of Article 66 of Law No. 323-FZ.

Attention
If a spouse is declared (recognized) as deceased, only the judicial procedure for making an appropriate decision is applied. In this case, when determining the moment of an individual’s death, one must be guided by the content of paragraph 2 of Article 67 of Law No. 143-FZ of November 15, 1997. This rule implies that the time of death of the spouse will be considered a specific day established by the verdict of the authorized court. Alternatively, the moment the husband (wife) passes away may correspond to the date the appropriate decision enters into legal force.

Annulment of divorce after the death of a spouse

Such cases also often involve property, since by misleading the court, a person who has moved to a permanent place of residence abroad can be declared missing. Moreover, as practice shows, the plaintiff can maintain contact with the second spouse and, without informing him, file for divorce and alimony.

Despite the fact that this is not legal, such cases are also not uncommon in judicial practice. When a divorce is recognized as invalid Despite the fact that precedents are known and described (at the same time, the Russian Federation does not rely on case law), recognizing a divorce as invalid is not so simple. Spouses cannot appear in court and say that they have changed their minds. Servants of Themis will reasonably ask, what were you thinking before? To cancel any decision, compelling reasons are needed. All of them are described in detail in Article 330 of the Code of Civil Procedure.

How to recognize a missing husband or wife as dead?

Article 45 of the Civil Code of the Russian Federation provides that a husband or wife can be declared deceased (dead) in court, through a federal court (Civil Procedure Code of the Russian Federation, Article 24), if one of the following conditions is officially confirmed:

There is no information about the whereabouts of the missing spouse at his permanent residence address for 5 (five) years. The day of a person’s death will be considered the date the corresponding court verdict enters into legal force (meaning the decision to recognize this citizen as deceased).
For six months, no one knows about the whereabouts of a citizen who disappeared under tragic circumstances. We are talking about an accident or other events that suggest that the spouse died. The date of death of a citizen will be considered a specific day (moment) specified by the court.
The sudden disappearance of an individual was caused by military operations. In this situation, the spouse is also declared dead through the court, but 2 years after the end of the war.

IMPORTANT
If one of the above facts is proven, the missing spouse may be declared deceased. The judicial procedure for declaring an individual dead is regulated by Chapter 30 of the Civil Procedure Code. If the death of the missing spouse is confirmed by a court verdict, the marriage with the deceased is terminated in accordance with the norm of Article 16 of the RF IC. In this case, the fact of the death of the husband (wife) is officially registered by the civil registry office.

To declare a missing spouse dead, you need to apply directly to the court operating at the place of residence (stay) of the interested person - the widow or widower. This rule is clearly stipulated by Article 276 of the Code of Civil Procedure of the Russian Federation. In this case, the widow (widower) sends the following set of documents to the court:

A written statement is a petition to declare the disappeared spouse dead.
A registry office certificate that confirms the existence of a marriage with a missing citizen.
Documentation allowing to establish the circumstances of the husband's (wife's) death.
A list of witnesses, eyewitnesses capable of giving the necessary explanations.
Other papers related to the case under consideration.

Is a marriage annulled if one of the spouses dies?

The marital obligations between them will continue if they do not report to the institution after this period of time. The application is considered extinguished and the petition for divorce is annulled. If the divorce does take place and the relevant changes are made to the civil registry office, then the divorce cannot be annulled. Those wishing to restore their marital relationship will have to apply again to the registry office for marriage. The details of this action (date, record number, etc.) will be new. Is it possible to cancel a court decision on divorce? If the claim for divorce has just been accepted by the court, the plaintiff may withdraw it before the case is considered on the merits.

To do this, he needs to submit an application to the court office, indicating the reasons for abandoning the claim. In this case, the plaintiff does not have to worry about financial or legal consequences.

Where should the death of a husband or wife be registered?

To register the termination of a marriage through the registry office after the death of a spouse, it is necessary to clarify the place of death of the wife (husband). In this case, one should be guided by the rules of Article 65 of Law No. 143-FZ of November 15, 1997. Thus, this norm provides that state registration of the death of a spouse can be carried out by the civil registry office in one of the following places:

The last residential address of the deceased.
The actual place of death of the spouse or discovery of his body.
The residential address of any of the immediate relatives of the deceased husband or wife (children, parents or surviving spouse).
The location of the institution that documented the death of the wife (husband). This could be, for example, a medical organization.
Address of the court that declared the spouse deceased.

In addition, state registration of the death of an individual can be carried out by an authorized department of the MFC.

Property division rules

If you pay attention to Art. 39 IC of Russia specifically on p.

1, it says that the real estate that the spouses could acquire during the marriage belongs to them equally. In case of divorce, everyone will receive the same share.

How to get out of the situation - payment of compensation

There are things that cannot be divided and distributed between 1/2 of the former spouses. Then the judge intervenes in the case. He gives some valuable item, for example, a car, a gold box to his wife or husband, and he pays half the cost to his life partner.

When giving away an item, the court takes into account which of the life partners needs a particular item most, who it belonged to, and who used it constantly during the marriage.

Arbitrage practice

During a divorce, animals of valuable breeds are also divided. If a wife was attached to a cat, she would care for the animal, take it to exhibitions, beauty salons and provide treatment. The court took into account the conditions most suitable for the cat’s life. This is an apartment that was left to the wife, and the animal lived there since childhood, did not go anywhere and is tied to the premises. The husband was awarded compensation for the cost of the expensive furry animal.

While living together, the life partners acquired a car, but the rights to it were registered in the name of the wife and it was she who constantly drove it. Due to disability, the husband could not use the car. Taking this into account, the court considered it necessary to give the car to the woman, and the husband was awarded compensation in the amount of half the cost of the car.

USEFUL INFORMATION: How to make peace with your wife if she wants to divorce

Determination of the right to inheritance of a common-law wife

These may include prolonged illness, complete or partial incapacity, preparation of documents necessary for the case, long absence without the opportunity to send a notarized application for acceptance of inheritance by mail, and others. There are often requests from clients who are interested in how to prove a civil marriage in order to acquire the right to the inheritance of a deceased partner.

Unfortunately, the relevance of this issue disappeared back in 1969, when the Code on Marriage and Family of the RSFSR finally deprived the actual marriage of legal significance, and at the same time excluded the possibility of proving the right to the property of the deceased unofficial spouse. The current Family Code of the Russian Federation supports this position and makes it impossible to inherit according to the law in accordance with the Civil Code of the Russian Federation.

However, there are other grounds for receiving a husband’s share of property, which are indicated in the article.

Application to the court to declare a spouse dead

To petition to declare a person dead, you must strictly follow the rules of Article 277 of the Code of Civil Procedure of the Russian Federation. An application to recognize a spouse as deceased is sent to the court and contains the following information:

The purpose pursued by the widower who filed the petition. You can indicate, for example, that this is necessary to end a marriage after the death of a spouse.
The grounds allowing the widower-applicant to submit such demands to this court.
Certain circumstances indicating that the missing spouse died as a result of a specific accident or other events that occurred that clearly threatened the death of this citizen.
Other information also of significant importance.
Information about the court - the addressee of the submitted petition.
Personal data of the applicant - widower (widow).
Deciphered signature of the compiler, date of registration.

A sample application to a district court to declare a husband or wife dead is available

Children's rights in inheritance

The right to receive the property of a deceased parent is granted to the children of the owner who meet the following conditions:

information about the parent is included in the children’s documents based on his application or court decision;
information about the parent is included in the children’s documents if there is a marriage between the mother and father;
The data was entered on the basis of a court decision on adoption.

Important! All official children of the deceased have equal rights to their father's property. Thus, the inheritance is divided among all children from all marital unions and those born out of wedlock

The possibility of receiving the property of a deceased parent depends on the presence/absence of a will. If there is a document, the child will receive a share in the property in the following cases if:

included by the owner in the will;
has not reached the age of majority;
is undergoing full-time education and is under 23 years of age;
has a disability.

In the absence of a will, children inherit property after their parents as first-degree heirs. In the absence of a will, all children of the deceased and his legal spouse will receive equal shares in the property.

If one of the spouses died, how to get divorced

Church divorce

The spouse has been observed to have sexual perversions and unnatural vices, especially if they concern their own children.

If you seriously decide to get a church divorce, you and your ex-partner should contact the diocesan administration and write a petition there addressed to your confessor. It must contain a description of your family history, accompanied by a document about the place and time of the wedding, a description of the reasons for the divorce, an original and a copy of the civil marriage divorce certificate. Is there a church rite of debunking a marriage (see A church marriage can be dissolved (debunking) only in special cases: If there are no such reasons, they don’t debunk. If in the future you dissolve your marriage (divorce) and want to get married again with a wedding, then it will be necessary to obtain permission for a second wedding.Flies look at shit, and bees look at honey.

Therefore, some married couples reinforce their official marriage with the sacrament of wedding, believing in the reliability of their relationship, and after some time they realize that they were mistaken. Then they have a question about how the debunking procedure occurs. After all, it is much more difficult to dissolve a union before God than a marriage registered in the registry office.

The essence of a wedding and the difference from a regular marriage
Reasons for the procedure
How is it going?
Procedure without the consent of one of the spouses
How many times can you get married in a church?
Conclusion

The essence of a wedding and the difference from an ordinary marriage The essence of the church sacrament is that the union, recognized by a representative of the Orthodox Church, secures it not only on earth, but also in the heavenly world.

marriage certificate with a new chosen one;
other documents that will confirm your words.

The reason for canceling the wedding must be documented, that is, provide the following documents:

documents from a medical institution about abortion, inability to bear children, or sexually transmitted disease;
a certificate from a psycho- and drug dispensary confirming registration;
certificate of being in prison or being prosecuted;
document confirming the missing person;
death certificate;
papers on contacting the police regarding the beating of one’s wife or children, on the removal of beatings, on the initiation of a criminal case.

Getting married after a divorce for the second time Don't forget to take with you the official document that will be given to you by the Diocese and a new marriage certificate.

Problems and nuances

To end a marriage due to the death of a wife (husband), no additional divorce procedure is required. This is clearly implied by the content of Article 16 of the Family Code. However, the surviving spouse will still have to visit the registry office to obtain a death certificate of his wife (husband) and on this basis terminate the marriage with the deceased. State registration of a citizen’s death is carried out in accordance with the norms of Article 47 of the Civil Code of the Russian Federation and the rules of Chapter 8 of Federal Law No. 143 of November 15, 1997.

Divorce is considered one of the possible ways to end a legal marriage. Dissolution of a marital union can be initiated by a statement from the husband (wife) or by a mutual decision of the married couple. However, the list of grounds for officially ending a marriage is not limited to divorce. Clause 1 of Article 16 of the RF IC clearly stipulates that a marital union legally ceases to exist after the death of one of the spouses.

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Annulment of divorce

The owner can transfer his property into trust management to another person (trustee). The transfer of property into trust management does not entail the transfer of ownership rights to the trustee, who is obliged to manage the property in the interests of the owner or a third party indicated by him. Therefore, what is on the contract is the property of the owner of another apartment. It is necessary to collect conditions for permanent residence or sale of a car until It hasn’t passed since you will register the ownership of the seller and who will get your share of the apartment.

Important

When you purchase a share, file a claim with the court for recognition of the right to use the apartment, indicating the price, which provides for the possibility of a share in the purchase of the house. Or just don’t contact the bailiff? You need to do the following about this: 1.

Housing not subject to division

If a couple divorces in 2021, then they will not be able to divide some of their property, since the rights to it are fully given to one of the spouses:

what was acquired before the marriage;
municipal housing, as well as departmental and official housing;
real estate passed on by inheritance;
privatization unit;
housing donated to one of the spouses;
belonging only to one spouse and this is fixed in the marriage contract.

It is not at all necessary that each of the former spouses will receive the same share of the property after the divorce. The shares assigned to each person are determined by law. Sometimes it is possible to deviate from equality, for example, in the interests of children under the age of majority.

When one of the spouses wasted their acquired values in vain, became addicted to alcohol, spent money on personal needs, or gambled, then their share can also be reduced.

Inherited

If one of the spouses received real estate by gift or was left an inheritance, then it becomes unimportant to whom it is registered and even who is registered in the apartment or house. If you sell the home, then use the funds received to buy another one, then the heir will not change

Everything that was purchased with the money received from the inheritance will go to the person specified in the contract

If you sell the home and then use the funds received to buy another one, the heir will not change. Everything that was purchased with the money received from the inheritance will go to the person specified in the contract.

A spouse may claim a certain share of his wife’s inherited property if, using joint money during the marriage, the property was significantly improved, repaired, or its price increased.

Let’s say the apartment belonged to the wife before marriage and she inherited it. Then, already married, the couple sold it. With the money they received, they bought a house that suited them better than the apartment. We decided to register it in my husband’s name. But he will not be able to take it away during the divorce. The right to property remains with the wife. But if money from the family budget was invested in the house, then the husband has the right to demand some part.

Acquired before marriage

If the apartment was purchased before marriage and belongs to one of the spouses, then the spouse after the divorce cannot claim it.

If a divorce case is brought to court, then it is necessary to prove: the cost of housing did not increase during the marriage and the family’s budgetary funds were not spent on improving living conditions. During married life, no repairs, expansion of the premises, redevelopment, or extensions were made.

USEFUL INFORMATION: Is it possible to get married abroad: registering a marriage abroad

If one of the divorcing people wants to appropriate the property of the other (which belonged to him before the wedding) and re-register it in the name of his relatives, while the former half did not consent to the transaction. No good will come of this. Such an action can be annulled, and this is done with the help of the court. The responsibilities of Rosreestr include checking the data, that is, the written consent of the other half is required for such a transaction.

Gifted

According to the law of the Russian Federation, the donation of real estate is a gratuitous transaction. The donor places the property at the disposal of the person he has chosen. This could be a relative or someone with whom he is not related by blood. There is no implied remuneration from the person to whom the housing is transferred.

If you decide to sell the donated property in the first 3 years after receiving it, then tax must also be paid.

When one of the spouses received real estate as a gift, it is assigned to him and no one else will receive the right to the property, not even the other half. It does not matter whether the gift was received during or before the marriage.

During a divorce, a former life partner can evict his beloved, even if he managed to register him in his own real estate and he lived there almost his entire life.

It is possible that housing is given to both spouses. During a divorce, each of them is entitled to half of the property.

If property was divided during a divorce, does the former spouse have the right to inherit?

In the article Art.
1142 of the Civil Code of the Russian Federation clearly defines the heirs of the first stage. These include the children, spouse and parents of the testator. As for children themselves, it will not matter at all whether their parents are legally married or not. The legal status of the child remains unchanged. The main thing that must be present in this situation is a birth certificate in which the testator must be indicated in the father column.

The spouse is also the heir of the first priority, according to the current legislation, which also states that both spouses have equal rights to jointly acquired property, if the latter was not divided during a divorce for a number of reasons. Therefore, the second spouse may well become the owner of his share after the death of the first.

The legislation clearly defines that absolutely all property acquired at the time of cohabitation in a marriage relationship is recognized as jointly acquired and is subject to division in equal parts between spouses. Moreover, it does not matter here the fact in whose name the property was registered and by whom it was personally acquired.

The only exception in this case may be a marriage contract concluded between the spouses, which officially determines the shares of each spouse.

The legislation of the Russian Federation allows the notary to determine the due share in the inheritance of the spouse claiming it. You can obtain such an official conclusion on the right to own half of the deceased’s inherited property by contacting the notary’s office where this inheritance process is being conducted.

Here, actions will be developed with the help of the legal regulation of the Family Code of the Russian Federation, since it is this that brings order to family property relations.

In this case, you should pay attention to the following:

whether property was divided during or after the divorce process;
if the division did not occur, then what period of time has elapsed since the termination of the marriage relationship;
in whose specific name the property acquired during the existence of the marriage was recorded, in the name of the husband, the wife, or both.

The fact of the existence of a marriage contract plays a rather important role in the division of property, since solely on its basis, and not using legislative acts, the joint property of the spouses will be divided among themselves in the future.

State legislation assumes the division of jointly accumulated property in equal shares between citizens who were previously married, that is, in half.

A marriage contract can provide for absolutely any shares for each of the spouses who were previously legally married.

If during the court hearing the apartment was divided in half between previously married spouses, then the inheritance will remain from both the ex-husband and the ex-wife in favor of the heirs of each of them.

Considering the fact that it is impossible to physically divide the apartment into two parts, there are options for agreement between spouses:

in one case, an agreement is concluded that one of the spouses acquires ownership rights in full for the entire specific apartment, but at the same time, having paid half the cost for it to his ex-spouse, such payment must be officially formalized;
in another case, the apartment is sold, and the proceeds for it are divided in equal shares between the spouses.

As a result of these two situations, the previously married spouse who received a certain amount of money for directly his part of the housing, or after the sale of the apartment also received half of its value, will have absolutely no right to claim the property of the deceased spouse who was previously married to him . The only exception in this particular case would be the inclusion of such a spouse in the will.

This fact is explained as follows, that is, if the marriage is dissolved, then the former spouses, taking into account the current legislation, cannot enter into inheritance rights by law, although they may well claim it. Only citizens who are in a marital relationship at the time of the death of one of the spouses have the opportunity to enter into inheritance rights.

The Civil Code defines specific persons who have full legal inheritance rights and will be heirs of the first priority, these are:

mother and father of the deceased owner;
children of the deceased owner;
legal spouse of the deceased owner.

This is what Article 1142 of the Civil Code of the Russian Federation says about heirs of the first stage. From here it will follow that if at the time of the death of the testator the spouses were already divorced, and the property was divided in accordance with the required documents, then the ex-wife or husband will not have rights to the inheritance.

There is a fairly common misconception in society that after the fact of divorce, the former spouses divided their apartment in half and each officially registered the part belonging to him in his own name. That is, each of the previously married citizens has an official document from Rosreestr that he owns five-ten percent of this particular apartment, then after the death of one of the previously married spouses, the second inherits the half of the housing that the deceased owned.

This is completely wrong! After the death of the owner of one half of the apartment, this same part of the apartment will be divided between the legal heirs of the deceased, that is, for example, his children and parents, while the ex-wife will have absolutely nothing to do with this inheritance right. She is exclusively the owner of the second half of this property.

However, as for the half of the ex-wife directly, the latter can either live in this residential premises, or sell her part in it, or take any legal actions in relation to her part of this property.

There are some situations where, after the death of one of the previously married spouses, for example, the ex-wife may well claim her share of the inheritance provided by law. This fact will occur if during the divorce proceedings and after it, for various reasons, this property was not divided between spouses who were previously in a marital relationship.

As Art. 38 of the RF IC, after the fact of divorce, each of the married spouses has the full right to demand the legal division of jointly acquired property.

That is, from this legislation it follows that if during the divorce process and after it, jointly acquired property was not subject to division due to various circumstances and reasons, then after the death of one of the married spouses, the survivor has full legal rights claim to acquire inheritance rights to his property.

In this case, the former spouse must apply to the court with an application for the division of property jointly acquired during marriage and be sure to indicate in this application that this property was not previously divided. Further, in court, half of the total acquired property will be allocated from the total estate, to which the heirs of the deceased, previously married spouse will have no relation.

We invite you to read: Termination of the contract by sending a notice

Namely, 50% of the property will go to the previously legally married spouse, since it will be her legal property, and the remaining 50% will be distributed among the heirs of this owner, since exactly half will remain the property of the deceased testator.

However, there is a certain kind of nuance here, which will be called the statute of limitations and it is equal to three years. That is, if after the divorce process was completed within three years, a claim for the division of joint property was not filed by the previously married spouses, and one of the former spouses died after, for example, five years after the divorce process, then in the division of such property the court has full right to refuse the plaintiff. The argument for accepting this court ruling will be the expired statute of limitations.

In this case, if the property was not divided and was registered in the name of the deceased ex-husband, for example, the ex-wife will no longer be able to divide it, as was said above, the statute of limitations has expired.

The above can be summarized as follows.

If, while living in marriage, the jointly acquired property was registered exclusively in the name of the husband, for example, and was not divided after the divorce process, then after the death of the husband, provided that three years have not passed since the divorce, the ex-wife has the full right to half of the property of the deceased . As for the heirs, they will still have half of this property.

If more than three years have passed since the divorce proceedings, then after the death of the ex-husband the wife will no longer have rights to the property, since the statute of limitations has expired, and the ex-wife is not included in the number of heirs.

A statement of claim can be filed in court in any case, but if the other party files a counterclaim about the expiration of the statute of limitations, then the court will refuse to consider the case for the ex-wife, due to the expiration of three years from the date of the divorce proceedings in accordance with paragraph 7 of Art. 38 RF IC.

It follows from this that if the jointly acquired property was registered in the name of the husband, a divorce took place and the wife filed a statement of claim for the division of this property after a period of 3 years, then the court will accept this statement of claim. However, if the second party (defendant) declares during the court hearing or files a counterclaim that the statute of limitations of 3 years has expired, then in this case the ex-wife’s claim will be denied and she will be left without this property.

The heirs will accordingly divide all the property of the deceased, and since the ex-wife is no longer in a registered marriage with the deceased, she has no right to claim his inheritance and the statute of limitations was missed by her. Consequently, she cannot divide the jointly acquired property and sue her half; she also no longer has legal grounds.

Attention

For example, in most cases, 0.5 of the apartment purchased during marriage always goes to the surviving spouse. But at the same time it is possible to submit a corresponding statement about the absence of his share. In this case, the property will be entirely inherited.

The only way to avoid various types of problems associated with inheritance is to write a will. It must be certified by a notary. That is why, if there are any heirs to the spouse, if he wants to transfer ownership of any property, it is better to write an appropriate will.

Important

According to this article, in the event of the appearance of a spouse declared dead by the court or recognized by the court as missing and the corresponding court decisions are canceled, the marriage can be restored by the registry office only upon a joint application of the spouses. A marriage cannot be restored even if the wishes of the spouses for its restoration coincide, if another the husband entered into a new marriage. Restoration of a marriage by the registry office has retroactive effect. As a result, spouses are recognized as married from the moment of state registration of the marriage, and not from the moment of its restoration.

3. During the life of both spouses, a marriage can be terminated by dissolution (divorce). Only a marriage registered in accordance with the procedure established by law can be dissolved. In accordance with paragraph 2 of Art.

Inheritance rights of a common-law wife

Situations giving a common-law wife the right to inheritance According to the rules for the division of inheritance, a common-law wife can claim:

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.
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).

There is an opinion that the concept of “civil marriage” implies an unregistered marriage union, that is, a marriage-like relationship between partners, expressed in living together, running a household and, in some cases, raising joint children. In this case, 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 2 civilians and one legal wife of Mikhail Evdokimov divided the inheritance, who got what in the end A will drawn up jointly with the spouse On May 26, 2015, a bill was introduced to the State Duma under which spouses will be able to draw up a will jointly. The law came into force on November 1, 2015. 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.

Is a marriage annulled if one of the spouses dies?

It is not the marriage that is annulled, but the registration record of the marriage. Perhaps you meant the marriage was declared invalid! A marriage is recognized as invalid by a court decision if it was registered without the voluntary consent of the woman or man; if it is fictitious (a marriage is fictitious if it is concluded by a woman and a man or one of them without the intention of creating a family and acquiring the rights and obligations of the spouses); if the marriage is concluded with a person who is simultaneously in another registered marriage; if the marriage is registered between persons who are relatives in the direct line of kinship; if the marriage is registered with a person declared incompetent. If at least one of these grounds exists in your case, then you can talk about the invalidity of the marriage and resolve this problem in court.

Otherwise, there will simply be a divorce (dissolution of marriage). The death of a spouse is the first ground in the Family Code for ending a marriage. The same basis is used to recognize a spouse as deceased if he has been absent for five years, has not maintained contact with his family or other loved ones, has not made himself known, and has not been confirmed by anyone that he is alive.

Name of the court to which it is filed
All information about the applicant
Information about the case you want to appeal
Requirements put forward by the applicant
Reasons why you do not agree with the decision of the court of first instance
Additional documents
Paid state duty

Keep in mind that the appeal is considered by a higher authority. If you got divorced in the registry office, submit it to the magistrate.

An appeal against the decisions of the magistrate is considered by the district judge, and so on. Submit an application to the court that made the decision and it will forward it further down the hierarchy along with all the materials of the case.

According to current legislation, an appeal application is considered within 2 months.

Normative base

As mentioned earlier, legal relations arising between husband and wife are regulated by various provisions of the legislation of the Russian Federation. So, in order to end a marriage with a deceased spouse, it is necessary to be guided by the requirements of a number of legal acts:

The Family Code of the Russian Federation, the content of which regulates various aspects of official marital relations. Article 16 of this law clearly states that the death of a husband or wife is a legal basis for the mandatory termination of a marriage.
Civil Code of the Russian Federation. Thus, the articles of this legal act are devoted to the recognition of a citizen as missing or deceased. In addition, specific provisions of this law apply to the settlement of property issues in the event of the death of one of the spouses. We are talking about Articles 256 and 1150 of the Civil Code of the Russian Federation, which define the rules for the division of property and inheritance of common family assets.
Chapter 8 of Law No. 143-FZ of November 15, 1997, regulating the state registration of the death of a citizen. All formalities that must be observed in the event of the death of an individual are specified in the articles of this regulatory legal act.
Tax Code of the Russian Federation. Thus, Chapter 25.3 of this law is devoted to the payment of necessary state duties.
Civil Procedure Code of the Russian Federation. The requirements of a regulatory legal act apply if one of the spouses is declared dead or missing through the court. Such cases are considered as special proceedings. The corresponding procedure is provided for in Chapter 30 of the Code of Civil Procedure of the Russian Federation.

IMPORTANT
In addition to the above-mentioned legal acts, in a situation of divorce after the death of a spouse (termination of marriage with a deceased husband or wife), one should also take into account the requirements of Law No. 323-FZ of November 21, 2011, Article 66 of which regulates the declaration of the death of an individual. The rules and criteria that make it possible to record the very moment of a person’s death are stipulated in detail by Decree of the Government of the Russian Federation No. 950 of September 20, 2012.

Is a marriage annulled if one of the spouses dies?

It is allowed to accept an application from an absent person if he has extenuating circumstances, which may be illness, not living close to the registry office, etc. In this case, such spouse is obliged to submit to the authority a statement certified by a notary.

From the moment the registration is made in the appropriate register of the registry office, the marriage between the couple will be considered dissolved; it will not be possible to cancel the decision (if both capable spouses wrote the statements), so it is advisable to carefully weigh everything before doing so. Employees of the government agency, unlike the court, will not make any efforts to save the family.

Division of property, marriage in another country If a husband and wife have any property claims against each other, this does not interfere with them and does not change the procedure for divorce through the registry office.

Asia: China

The tradition of marrying a deceased person has existed in China since the time of the first dynasty of China - the Qin, which ruled from 221 BC. e. before 206 BC e. “Ghost marriage” is a phenomenon in which mystical motives and purely material calculations are mixed. According to Chinese beliefs, it was simply impossible to go to the other world single. Such a deceased did not find a place for himself in the afterlife and began to persecute his family members. Therefore, if a man or woman died without a spouse, a wedding was urgently organized for them. Not so much for the dead, but for the peace of the living.

As a rule, such a marriage was concluded with another deceased person, or rather with his ghost. Hence the name “ghost marriage” or “spirit wedding.” In such ceremonies, the role of matchmaker was usually played by the priest, who negotiated with the relatives of the recently deceased or deceased, after which preparations for the ceremony began.

The “Wedding of the Spirits” was played in exactly the same way as a regular wedding, with the exception of one detail: the bride and groom were dead, or, if they had died a long time ago, they were represented by figures made of bamboo. At this wedding, the guests also drank and had fun, and at the end of the ceremony the newlyweds were escorted, not to the bedroom, but to the fire. As soon as the ashes dissipated, the wedding was considered over, and the family’s duty to the dead was fulfilled.

Other types of "ghost marriage" were performed solely for social and material purposes. So, the bride of the deceased groom still had to marry him. The status of a widow in Chinese society was higher than that of an old maid. In this case, the role of the groom was taken on by another person, who was accepted into the family of the deceased as a son for the duration of the ceremony. This tradition has survived to this day, and today in China few people are surprised by the marriage of a young girl to a deceased person.

Although men could marry a deceased woman, they did not have to do so. The exception was cases when this was required by the spirits of ancestors who visited the groom or his relatives in a dream. In this case, such a ceremony became mandatory. Another motive for concluding a “marriage of spirits” was the need to marry the younger brother profitably. According to tradition, the youngest cannot take a wife before the elder, so sometimes older brothers who were less fortunate in matters of the heart had to marry a dead man in order to make way for the youngest. But there were not many such cases. Basically, in China, a man could and still can afford to both live single and die unmarried. In the afterlife, the Chinese believe, there is little demand for such walkers.

The tradition of “ghost marriages” continues in China to this day. Most often, it is used to demonstrate one’s fidelity to a deceased partner. True, in rural areas of China there are still cases where dead young girls are dug out of their graves and then sold as brides. The price for each dead bride can reach up to several thousand dollars, while the freshness of the deceased future wife does not matter. There were cases when a recently deceased person was married to a bride who had died a hundred or two hundred years ago.

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

If the heir is a young child, then you must additionally provide a certificate of his birth. The document is required to confirm the relationship between the baby and the deceased person.

Can a common-law husband claim an inheritance or an apartment for a common-law wife? The rules described above apply equally to both common-law spouses. Therefore, a man has the same rights and obligations as a common-law spouse.

To avoid misunderstandings, it is better for citizens to legalize their relations. You can also make a will so that the spouse is not left without property after the death of his common-law wife.

Otherwise, you will have to recognize the cohabitant as an heir through the court. Judicial practice In matters of inheritance, one of the key points is the establishment of legal facts - cohabitation, family relationships, acceptance of inheritance, being a dependent.

Legal division of property after the death of a husband

Since today in the Russian state the practice of drawing up a will is not quite common, and after the death (death) of a spouse there is no document of a similar form, property division is carried out in the order of priority established by current Russian legislation.

The order of inheritance is determined by the Civil Code of the Russian Federation and is divided into the following categories:

First stage - children, husband/wife, parents;
Stage II - brothers/sisters, grandchildren, grandparents;
III stage - uncles/aunts;
IV stage - great-grandchildren, great-grandfathers/great-grandmothers;
V turn - cousins, grandparents;
VI line - cousins/aunts, nephews, great-grandchildren;
VII turn - stepdaughters, stepfathers/stepmothers.

In addition, persons who have been fully supported by the testator for at least a year, but if they are not his blood relative, have the right to claim part of the property values of the deceased. In court, this fact requires mandatory confirmation.

It is important to understand! The category of citizens of the second priority can apply for participation in the division of inherited property values only in the absence of citizens of the first priority. This rule applies accordingly to subsequent categories of heirs.

The process of inheritance by children, especially when they are from different marriages, of the property values of their parents is accompanied by some nuances.

It is important to understand the main point! The children of the heir, no matter from what marriage they were born, have equal rights to inheritance. Even children who are still in the womb have rights to inheritance (immediately after birth they are considered full heirs).

It is also worth considering the fact that adopted children, when dividing the inheritance, are equated to the first-priority category of heirs—bloods. At the same time, they no longer have the right to claim the property of their own biological parents. But there are still exceptions.

Example:

If an officially adopted child maintains a relationship with his biological parent, then, according to a court decision, he has the right to count on a share of the property after the death of his own adoptive parents and biological relative.

For legitimate children, it does not matter whether they were born in a civil, legal marriage or even outside of a marital union - one rule applies to everyone. That is, even an illegitimate child, when establishing the fact of paternity, participates in the division of the property of the deceased biological father on equal rights with legitimate children.

What it is?
What do you need to know?

The division of property means the termination of common ownership rights to any material assets.

For example:

real estate (apartment, house, land);
car – purchased with common funds or by one of the spouses during the marriage;
luxury goods and more.

Almost always, the process of dividing property is initiated after the divorce or even before this moment.

minority;
disability;
other.

It is very important to remember that until March 1, 2002, all heirs had equal rights to property. After this date, serious reforms were carried out in this legislative area. It was as a result of them that priority categories of heirs appeared.

It is important to remember that the inheritance rights of other persons who own any property jointly with the deceased are taken into account. If, as a result of the property division process, one of the heirs receives a large amount of inheritance in monetary terms, then this injustice must be eliminated. The easiest way to resolve such an issue is by paying a certain amount of money.