Civil marriage, as such, is not stipulated by law. The so-called Union of those living together and lead a common household without going to the registry office. People live together, buy property, give birth and raise children without thinking about the future and the legal consequences of such cohabitation.

The problems begin when one spouse dies suddenly.

Who has the right to receive an inheritance

In accordance with the law, applicants for inheritance in the first place are: the spouse of the deceased, his parents and children. The cohabitant spouse is not, therefore, on the civilian husband or wife would not be subject to the Civil Code of Russia in terms of inheritance by law. This means that people who have lived with the deceased, perhaps for decades, can only lose.

Well, if in a civil Union children were born. Part of the property can obtain them. The rest may go to other relatives have the first right of inheritance by law.


If you and your spouse live in a civil marriage and not going to the registry office, then to the right to the inheritance it is best to make a will on each other. It is extremely important to keep in mind one important detail: a compulsory share of inheritance.

It relies to a disabled heir, who was dependent on the deceased and living together with them on the day of his death. Disabled, by virtue of the law, considered minors, seniors, disabled citizens recognized as incapable, etc., These persons are entitled to a compulsory share, regardless of the will was written or not.
To abandon the compulsory share in the inheritance law does not allow.

If any chance have a roommate of inheritance

Except with the will, the civilian spouse may try to obtain the inheritance by applying to a court statement on the recognition of acquired property joint property and partition in kind. This difficult question will require indisputable evidence that civilian spouses were a common household and has acquired the disputed property on the General money.
Testimony will not be enough. Need written confirmation that the husband and wife have a mutual right to property.

Such claims are in litigation, but they are more the exception to the rule.

Until 8 July 1944, the institution of civil marriage has been officially recognized by the government. In those days, many were family life without painting, and in addition, were distributed to Church marriages. If the husband and wife began to live together until the specified date, then the court can recognize the fact of finding them in a marriage relationship and to get their share of the inheritance.

Other options for obtaining property by inheritance after the civil marriage is not. We can only advise the couple to marry, execute a will or to register the property in equal shares to each.