The surviving spouse automatically takes half of the income earned through marriage and without inheritance


The surviving spouse automatically takes half of the income earned through marriage and without inheritance

 
How much and how much does a husband receive after the death of his partner, provided there are no marriage contracts or other arrangements? Does everything inherit what happens if there are children? What happens if the couple is not married?
Although the new Family Code provides for three regimes for matrimonial property regimes, it continues to be the largest of the spouses' property community (CBS). For one or other reasons, it is certainly valid for more than 95 percent of the cases of married couples at the moment.
 
This, as well as years-old traditions, helps to solve relatively clearly the problems of terminating the CEA due to the death of one husband. In practice and by law, this means that the surviving spouse receives automatically half of the property that both the husband and wife have acquired together during the marriage.
 
In other words, only the other half of the estate of the deceased spouse, who acquires the status of successor, is included in the succession procedure. In this other half he usually inherits with the children. It does not matter whether the children are from a previous marriage or current. They all inherit on equal terms. Something more. The law is categorical that the spouse inherits in equal parts with the children. For example, if there are two children, the three will receive one third of the ideal shares of the inherited property. Here again, it should be stressed that it is about half of the CEC. For example, if an apartment acquired during the marriage is inherited, the spouse automatically receives half of the property - under the rules of termination of the CBA. The hereditary process starts for the other half. Children are included there. And if a property is inherited, the surviving spouse will receive from him a second of the whole estate (its part of the SIE) plus one third of the other half (by inheritance). All of these are ideal parts that can only be separated by a voluntary or judicial split. Until then, there was a co-ownership regime. The latter may be divided by a partition, the property being given only to one, and to pay the share of the others with money. Otherwise, it can be long time in this co-ownership mode, and when the other husband dies, then the two children will have one-half of the whole estate. They will still be ideal parts, and in order to get real parts, it is still necessary to go through a partition.
 
It is possible for the deceased to have pre-marriage property. It is subject to inheritance and the surviving spouse has no benefits from the CIE. Just if there is a property before the marriage, which was only the deceased husband, the three get equally - one third.
 
As for the hypothesis where there is no marriage, it should be noted some important rules. If there is no civil marriage, the surviving spouse with whom the deceased lived on a married basis simply does not inherit and receive no property from the inheritance. In the case of inheritance, for example, in the absence of wills, the right to become heirs has direct relatives - children, grandchildren, grandparents, parents, grandparents plus relatives in the collateral line up to sixth - brothers, cousins, uncle, aunt, nephew etc. The only exception to the relationship that the law makes is the husband. Here, in the hypothesis of inheritance by law, he is not the person with whom he has lived on marital grounds. Regardless of the time that such a relationship was. That is why there can not be any inheritance by such a person. There is, however, a variant whereby persons living on marital grounds make a will in favor of one and the other. However, if there are children in the relationship, they must comply with the rules of the reserved and available part of the inheritance.
 
Inheritance law preserved part of descendants (including adopted) when the deceased has not left a husband is: one child or descendant of him - 1/2 and two or more children or descendants of them - 2/3 of the property of the legator. The other part is available and can therefore be left to the person with whom he lives on marital grounds.


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The surviving spouse automatically takes half of the income earned through marriage and without inheritance The surviving spouse automatically takes half of the income earned through marriage and without inheritance