The husband died - who is the heir of the first stage in this case? How is joint property inherited after the death of one of the spouses? After the death of one of
The head of the family may die leaving no will, and this situation is the most common in Russian reality. If he did not leave a will, then all his property passes to legal heirs. Legal heirs exercise their succession in the order provided for by Articles 1142-1145 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) and Art. 1148 of the Civil Code of the Russian Federation:
- first of all inherit from the father children, wife and parents;
- secondarily, they are called to inherit brothers and sisters, as well as Grandmothers and grandfathers father;
- third line heirs are uncles and aunts testator.
According to Art. 1141 of the Civil Code of the Russian Federation, heirs belonging to each successive line may receive the property of the deceased, if there are no heirs of the previous line or they are, but:
- do not have the right receive an inheritance;
- suspended from such succession (under Article 1117 of the Civil Code of the Russian Federation);
- deprived inheritance (according to paragraph 1 of article 1119 of the Civil Code of the Russian Federation);
- none of them did not accept hereditary property;
- All of them refused from inheritance.
In very rare cases, it happens that there is no one to inherit in the first, second or third queues. In such cases, everything that belonged to the deceased, passes to more distant relatives, namely:
- to great-grandfathers and great-grandmothers (fourth turn);
- to great-aunt grandchildren and great-aunts and grandfathers (fifth turn);
- to great-great-grandchildren, great-nephews and great-uncles and aunts (sixth turn);
- to stepdaughters, stepsons, stepmother and stepfather (seventh order).
As follows from paragraph 2 of Art. 1141 of the Civil Code of the Russian Federation, the heirs of each stage receive equal shares from what the testator has acquired. The exception is succession by right of representation.
According to Art. 1148 of the Civil Code of the Russian Federation, if the father had disabled dependents by the day of his death (regardless of the fact of cohabitation with him) or other dependents who lived with him for at least a year, who are not entitled to receive anything, because they are not his legal successors, then they inherit together and equally with other persons.
Inheritance after the death of the father by will
When before his death the father leaves will, then it is somewhat easier to determine its successors, because they almost always directly named in this document.
A will is the only way to dispose of your property in the event of your death. Only a capable citizen can make a will. It is not allowed to make a testamentary disposition through a representative. In a will, a person can transfer what belongs to him or will belong to any persons (including legal ones) in any shares, as well as deprive someone or all heirs according to the law of inheritance (according to Article 1119 of the Civil Code of the Russian Federation).
In his will, the father, for sure, will determine who and what will get after his death. According to Art. 1132 of the Civil Code of the Russian Federation probate on the basis of its literal meaning, granted to a notary, an executor of a will, or a court. It is important that the intended will of the testator be fully implemented.
The testator may appoint a person responsible for the execution of his will (the executor of the will). It can be either one of the heirs, or a complete stranger whom the deceased trusted. To the powers of this person under Art. 1135 of the Civil Code of the Russian Federation include:
- ensuring the transition to those who inherit what is due to them, in accordance with the law and the will of the testator;
- heritage protection and administration to them in order to comply with the interests of the inheritors (this can be done by the executor of the will both independently and through a notary);
- receiving money and other property due to the testator, and its transfer either to the heirs or to other persons;
- execution testamentary deposit(instructions of the testator on the commission of a certain property or non-property action in order to achieve a generally useful goal);
- performance requirement testamentary refusal(instructions of the testator on the performance of a property obligation at the expense of the inheritance in favor of a third person) or a testamentary deposit from the inheritors.
How to inherit after the death of a father
To formalize their inheritance rights, persons inheriting from the father must complete the following steps:
- First, you need collect all documents, namely:
- passport of the recipient of hereditary property;
- father's death certificate;
- documents confirming kinship with the deceased;
- documents for inherited property (for example, a registration certificate for a car, a certificate of ownership of real estate);
- documentary evidence of the place of last residence of the father.
- Second, you need to visit notary at the place of opening of the inheritance(at the last place of residence of the father) and give him statement about entering into inheritance rights. This should be done within six months from the date of the death of the father or the recognition of his death by a court decision.
- Thirdly, under the guidance of a notary, it will be necessary appraise all inherited property and collect other necessary documents (if necessary). Property valuation allows you to determine the amount of the state fee for the issuance of a hereditary certificate.
- Fourthly, the notary will check all the documents submitted to him and issue certificate of succession(either for each of the inheritors, or for all the inheritors in the form of a single document). He will be able to do this only after the expiration of a six-month period from the date of his father's death.
Thus, on the basis of the certificate received, the heirs become owners deceased father's estate.
What to do if the father disinherited
It happens that in the will the father deprived one or more persons the right to receive at least something after his death. If such failed heirs believe that this decision of the father was unfair, then they can file a lawsuit in court to recognize the will (in whole or in part) of the father as invalid. A positive decision on such a claim may be made if it is proved that:
- the father was incompetent or limited by the court in capacity;
- the father did not understand the significance of his actions at the time of the order;
- father made a will under the influence of deception, threats, delusions.
An important role in proving the above facts is played by post-mortem psychological and psychiatric examination. It can be appointed by the court only if the plaintiff proves that the deceased had a defect of will at the time the disputed document was drawn up.
If the bequeather signed the will while being of sound mind and bright memory, then it will be almost impossible to invalidate such a document. This also applies to those situations where the father, by one of his actions, deprived all legal successors of the right to inherit from him.
In some cases, testamentary disposition is invalid from the outset., and for its recognition as such, it is not necessary to wait for a court decision. In particular, this may be if the document was drawn up in violation of the requirements of the law (for example, the testator was incapacitated, did not sign the document or did not take it to a notary for certification, or if the notary signed the will as a witness, which is prohibited by law).
The testator can make a will and determine a specific heir. The administrative document allows you to eliminate any relative from inheriting property. The exceptions are persons who are entitled to a mandatory share in the inheritance:
- disabled parents or dependents;
- underage children.
A disabled spouse has the same rights. Therefore, even if the testator has signed off all his property to one or more heirs, the spouse retains the right to the mandatory part. Its size is at least half of the share that is due to the heir by law (Article 1149 of the Civil Code of the Russian Federation).
Rights of the Surviving Spouse in Inheritance
Family code divides the property of the spouses into personal and joint. It refers to personal (Article 36 of the RF IC):
- premarital property and bank deposits;
- hereditary property;
- property received as a gift;
- personal items;
- property rights (copyright).
Property acquired during a marriage is considered joint property. It includes:
- jewelry and luxury items;
- spouses' income;
- property acquired during the marriage;
- funds in the accounts, regardless of in whose name the deposit is opened.
Therefore, each of them has the right to a share of the common property. An exception is the situation when the spouses have drawn up a marriage contract or an agreement on the allocation of shares in joint property. In this case, inheritance is carried out in accordance with the document.
If there is no such document, then the general order of succession applies. The husband's/wife's share is allocated from the estate, and the other half is distributed among the heirs who have submitted an application to the notary.
The personal property of a spouse may be bequeathed to them in full. The second spouse has no rights to it. Revealed property is divided among the heirs.
How is property divided upon the death of one of the spouses?
Thus, for inheritance, the amount of property that belongs exclusively to the deceased owner is determined. The spouse's share in the estate is not included.
How is the property of the deceased spouse divided?
| By will |
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In the absence of a will, the inheritance property is divided among all recipients entering into the inheritance in equal shares.
In addition, the law provides for the possibility of heirs to independently divide the inheritance. This requires an agreement. The document can be certified by a notary. However, if all heirs agree to its terms, then the inherited property is simply re-registered as property in accordance with the terms of the agreement.
If the recipient does not agree with the share that is due to him by law, then he has the right to apply to the court for the division of hereditary property. To do this, you need to file a claim with the judicial authority. If the object of the dispute is an apartment, then the claim is filed at the location of the apartment. The applicant bears the burden of proof, the costs of assessing the property and paying the state fee to the court.
Children's rights in inheritance
The right to receive the property of the deceased parent is vested in the children of the owner who meet the following conditions:
- information about the parent is included in the child's documents on the basis of his application or a court decision;
- information about the parent is included in the children's documents in the presence of a marriage between the mother and father;
- data was entered on the basis of a court decision on adoption.
After the death of a person, despite the psychological severity of the situation, one has to deal with legal issues. Chief among them is the acceptance of an inheritance. About who owns the inheritance of the husband after his death and what features of receiving it, we will tell in this article.
The conditions for the transfer of property by inheritance are defined in Chapter 63 of the Civil Code of the Russian Federation. Any citizen who, on the basis of a law or a will, can claim specific property can receive an inheritance.
By will, he has the right to transfer his property to whomever he sees fit. Family ties and other characteristics in this case do not play a role.
Features of inheritance of property without a will
In the case of inheritance by law, on the contrary, the property is transferred in accordance with the order of heirs, all of whom have family ties with the testator. The nuances of the process of transfer of inheritance under the law are described in articles 1141-1145, 1148 of the Civil Code of the Russian Federation.
The closest relatives of the husband who can claim his inheritance are the wife, children and parents.
In total, 8 queues are allocated in the legislation. But in practice, usually the heirs of the first stage receive the inheritance. The right to receive it passes to the next only if the deceased has no close relatives, or they are recognized by the court as unworthy to receive this inheritance.
Often disputes arise between relatives over the shares of the inheritance and the division of specific objects of property. Usually they are decided by a notary, but if relatives do not agree with its division, then the case will be considered in court.
Who is the direct heir after the death of one of the spouses?
Article 1142 of the Civil Code of the Russian Federation states that the heirs of the first stage after the death of the husband are his children, wife and parents.
This also applies to adopted children and guardians who have replaced the deceased parents.
If there is only one applicant in this queue, then it will be easy to answer the question of who is the first heir after the death of her husband, because there is only one heir.
There is another situation when there is not a single heir in this line or all of them are recognized as unworthy. Then the right to receive the inheritance passes to the applicants of the next stage.
Inheritance after husband's death
The first heirs after the death of the husband must take into account the nuance associated with the right of the wife to receive half joint property. That is, if a particular property is recognized as jointly acquired in marriage, then half of it does not pass by inheritance, since it belongs to the wife. Only the second half is inherited, which is equally divided between the wife, children and parents of the husband.
Inheritance after wife's death
After the death of a wife, her husband, children and parents will also be heirs. The principle of division of property is the same - half of the jointly acquired belongs to, and the second half is inherited and divided among all recipients. 
Who are dependents
Article 1149 of the Civil Code of the Russian Federation contains a list of heirs of the first stage after the death of a wife or husband who are entitled to receive a mandatory share. At the same time, it does not matter whether they were indicated in the will or not, it is impossible to deprive them of their inheritance.
These include the dependents of the testator, that is, the persons whom he supported. Namely:
- Minor children.
- Disabled (incapacitated) spouse or children.
- Disabled spouses.
In the case of transfer of inheritance by law, it is divided equally among all heirs of the same order. If inheritance occurs on the basis of a will, then even if the holders of the right to a mandatory share in the will are absent, they will receive it. But in such a situation, they will receive half of the property assigned to them by law.
In what cases can a wife and children be disinherited?
There are a number of situations when even the primary heirs after the death of a husband may not receive it:
- Renunciation of the inheritance in favor of another applicant or without it.
- At the initiative of other heirs, they were recognized as unworthy by a court decision.
- They were not his dependents and were not listed in the will.
- They did not accept it within the allotted time (six months after the death of the testator).
The court recognizes the heir as unworthy only if he exerted pressure on the testator when drawing up a will, refused to help him or otherwise harmed the testator.
A will can also be challenged if the heirs have proof that:
- It contains errors.
- It was made under pressure.
- The testator was incompetent at the time of drawing up.
- He indicated in the text the property that does not belong to him.
Often, to challenge, a medical examination is needed, which will prove the fact of the incapacity of the testator at the time of the will. 
What property is non-inheritable?
Article 1112 of the Civil Code of the Russian Federation contains a list of intangible benefits that belong to a person from birth. They cannot be inherited. It:
- Life and health.
- Rights and freedoms.
- reputation and dignity.
- Inviolability of person and home.
- Personal and family secrets.
- Authorship.
These benefits are inalienable and non-transferable.
Also, by inheritance it is impossible to transfer the rights and obligations that are inextricably linked with the personality. These include:
- The right to alimony.
- The right to compensation for harm to life and health.
- Other rights and obligations, the transfer of which is not allowed by Russian law.
It is impossible to transfer the rights that have arisen on the basis of agreements for gratuitous use, commission, assignment and agency agreement.
Problems with inheritance are often found in many citizens of our country.
But many of them have no idea how the division of the inheritance is carried out? Who can claim inheritance?
Let's consider everything in more detail.
Right to inherit after husband's death
The definition of "inheritance" means the transfer of movable or immovable property from one property to another. It should be understood that every person has to inherit such property, regardless of age and gender.
Today, there are several types of inheritance, namely:
- by will;
- or by law.
If we talk about inheritance by will, then this document is created and signed by a notary directly by the deceased himself at the moment of life. This document indicates to whom and in what proportion this or that property is assigned.
If we talk about inheritance by law, then Article 1112 of the Civil Code comes into force, which clearly regulates the issue of the order of inheritance.
As divided, regulations
As for the will, if there is such a document, no problems can arise, since the shares prescribed in it are transferred to the legal heirs in the same way as it is written in the document.
If we talk about, then according to Article 1142 of the Civil Code of the Russian Federation, in the absence of a will, the inheritance can be distributed according to the order of relatives, namely:
- the wife of the husband and his biological children are the first to claim the inheritance;
- after them in line are his parents, if any;
- after cousins, sister and so on.
In the event that, apart from the wife, the deceased spouse has no relatives, all his property passes into the possession of his wife.
In addition to this legislation, this matter is regulated by:
- article No. 1152 of the Civil Code of the Russian Federation, which regulates the process of entering into an inheritance;
- article No. 1153 of the Civil Code of the Russian Federation, which regulates the procedure for accepting the inheritance itself;
- article No. 1154 of the Civil Code of the Russian Federation, which clearly defines the time frame that must be observed for entering into an inheritance;
- article 1157 of the Civil Code of the Russian Federation, which provides for the possibility of refusing an inheritance in favor of another relative.
Inheritance in shares - a new law
A new law may soon come into force, according to which, if there are several or more heirs, they are given 6 months from the moment of the death of their relative to resolve the issue who exactly and in what shares will receive the inheritance.
In the event that relatives are not able to determine their shares themselves, the property will be sold, and the funds received for the sale of property will be divided among the heirs according to their shares.
With all this, this bill is still under consideration and whether it will be adopted or not remains a big question.
How to join
Briefly about the procedure for entering into your rights to inheritance.
With a will
In order to, then the heirs must, after 6 months from the date of the death of their relative, contact a notary and provide a list of such documentation:
- application, which is drawn up according to the model;
- death certificate of a relative;
- will;
- passport, which confirms the identity.
In this case, it is necessary to pay, which is calculated on an individual basis, depending on the cost of the inheritance.
Without a will
In that case, the entire inheritance goes to the wife of the deceased husband and their joint children (according to the Civil Code of the Russian Federation).
The process of entering into an inheritance without a will is not much different from the first option. For this you need:
- 6 months after the death of her husband, contact a notary.
- Submit the required list of documents.
- Pay the state fee.
- Join .
It should be noted that the main list of documents includes:
- marriage certificate;
- child's birth certificate (if any);
- death certificate;
- wife's passport.
Shares of children and wife by law
Consider all the points related to the distribution of shares between the wife and children.
How is divided between wife and children, the basic principles of the division
In the event that the division of the inheritance is carried out according to the law, then equality of shares is recognized between the wife and children. What is meant by this? It's simple: the entire inheritance is divided between the wife and children in equal amounts.
If there is no spouse, but there is only 1 child, he receives the entire inheritance for himself.
Order of succession of a share
First of all, it is necessary to understand that the shares in the inheritance directly depend on the order.
This rule applies when the inheritance is divided according to the law.
Why do you need to know about your share of the inheritance? This is necessary first of all so that any other relative does not take possession of the property by illegal actions.
According to the laws of the Russian Federation, relatives who can claim an inheritance are divided in turns. At the same time, it must be remembered that the heirs of the same order can receive an equal share.
There is a small nuance - relatives from another queue can receive an inheritance only if there is no one in the early queue.
For a better understanding, the order of precedence is as follows:
- biological children, spouse, and parents of the deceased person;
- 2nd turn - brothers and sister, and full-blooded and half-blooded (relatives by mother and father, or by one of the parents), as well as nephews and nieces, are taken into account;
- 3rd queue: this queue includes the uncles and aunts of the deceased person, as well as cousins;
- 4th turn: it includes great-grandfathers and great-grandmothers.
In fact, there are seven queues, but it is not worth talking about subsequent queues, because according to statistics, only 1 out of 100% of possible inheritance reaches them.
Mandatory (matrimonial) share
According to article 256 of the Civil Code of the Russian Federation, a living spouse has 50% ownership of the property to be inherited. In this way, the spouse keeps 50% for herself, and the rest of the property goes as an inheritance, again to her and the children in equal shares. If there are no children, then other relatives in turn.
How to calculate, examples of calculating shares
Let's look at a few examples.
Example #1
Let's take a disabled person as an example. Gribinyuk M.V. there is a daughter and a son, who belong to the heirs of the first stage.
Before his death Gribinyuk M.V. I managed to draw up a will, according to which a 2-room apartment with a total value of 3 million rubles should go exclusively to my son. But, at the same time, during the life of her father, the daughter received a disability of group 2, which led to the fact that she is a mandatory participant in the division of property, regardless of whether she is written in the will or not.
Thus, due to disability, the daughter has the right to count on 25% of this apartment, or 25% in monetary terms, and the rest goes to her son.
Example #2
Gribinyuk M.V. has a son from his first marriage and 2 children from his second and spouse. He recently died, For this reason, the inheritance is subject to division into 4 by 25% each. However, the son from his first marriage voluntarily renounced his share, so the inheritance is divided equally among the three.
How to reduce the share of the inheritance by law
According to the current legislation, all inheritance is divided exclusively in equal shares. However, in some situations, which are prescribed in Article 39 of the Family Code of the Russian Federation, the court has the right to reduce the share of the inheritance. This is possible in situations such as:
- the presence of minor children in one heir, and the absence of another;
- the presence of disability in one of the heirs or limited ability to work;
- causing harm to the health of one of the heirs to others;
- the presence of one of the heirs addiction to alcohol, drug addiction or gambling.
What share of the inheritance do the wife and children receive: examples for various situations
For a better understanding of the principles of allocating shares to the wife and children from the inheritance, consider examples.
Example #1
Father died. He is survived by a wife with no children and two sons from his first marriage. How will the inheritance shares be divided into an apartment?
In this situation, 50% belongs to the spouse, if the apartment was purchased during an official marriage, the remaining 50% is divided between the sons. If the apartment was bought before the second marriage, then the apartment is divided equally among all.
Example #2
Recently, my husband died, who left a 3-room apartment. He is survived by four children and a wife. How is this apartment divided?
Everything here is quite banal and simple - according to the Civil Code of the Russian Federation, each of these parties must receive an equal part of the inheritance in relation to other heirs. That is, 5 people receive an inheritance in equal shares.
controversy
In the process of entering into the inheritance, various disputes may arise between the relatives of the deceased person.
Some disputes are regulated by the Civil Code of the Russian Federation. In particular, we are talking about such disputes as:
- priority heir for any reason;
- mistakes were made in the preparation of the will, and in court it was declared invalid;
- documents for an apartment or other movable and immovable property were lost and problems arose when entering into an inheritance.
If we talk about the first case, then here the heir urgently needs to apply to the district court, since only he can help in this situation.
If the will was drawn up incorrectly and it was declared invalid, then the division of the inheritance is carried out according to the law.
In the latter case, you need to contact a lawyer who can help in a particular case. It all depends on what kind of documents are left.
If children from the first marriage of the husband claim the inheritance
In the video below, a practicing lawyer explains how to act in such a situation.
The procedure for registration and the period of acceptance of the 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 death of the spouse). The terms provided for the implementation of registration are counted from the day of the death of the testator.
- The heirs write a statement of their consent to receive the property left by the deceased. The paper drawn up according to the law is given to the notary, whose office is located at the place of residence. This must be done within 6 months from the date of death of a relative.
- Obtaining a certificate of inheritance of housing. The executed document is given by the notary after 6 months from the date of the death of the spouse.
Spouse, children, parents, dependents can carry out a number of actions proving 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 real estate.
If the testator wrote a will, then the following documents must be submitted to the notary:
- death certificate;
- a set of certificates from the BTI (the list includes a document that fixes the cost of housing, a registration certificate for real estate);
- a copy of the will, signed by a notary, you can also provide the original;
- extract from Rosreestr.
It is necessary to prove the right of the testator to the transferred housing with the help of a will. It is necessary to provide documents and paper confirming the absence of debt.
Disputes may arise in the course of the inheritance case, and in order to resolve them, it will be necessary to convey additional documents. The notary will inform you about them. The specialist himself can make a request for information to the relevant services. The heir will not only receive the rights to the property, but he is charged with the obligation to maintain it.
If there are housing debts, then the heir will have to solve 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 waiver of the inheritance due to him. This option may be appropriate if the amount of debt exceeds the property benefit. In some cases, you have to pay a state duty, which does not exceed 1% of the property value.
If a person lives in the apartment of the deceased, he is a priority, then he actually accepted the inheritance. You can apply for ownership at any time. But it is better to apply within 6 months after death.
In the case when there are several heirs, within six months from the date of opening the case, each of them may renounce the inheritance in favor of others. After 6 months, this will no longer be possible.
Termination of marriage due to death or declaration of one of the spouses as dead
A valid marriage is terminated due to the death of a spouse or the declaration of a spouse dead, as well as by its dissolution - divorce (Article 16 of the RF IC). Each of the grounds (legal facts) with which the law connects the termination of marriage, and therefore the termination of legal relations between spouses, has its own specific features.
The death of one of the spouses is a natural way to end a marriage. The document confirming the termination of the marriage is a death certificate issued by the registry office.
Declaring one of the spouses dead by a court entails the same legal consequences as physical (natural) death. By court decision, state registration of death is carried out, marriage is considered terminated, 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 surname after the divorce, if the spouse changed it at the time of marriage. The reason and reasons for the termination of the union are not indicated in the application.
Invalidity of a marriage after the death of one of the
The death of a spouse is the first ground in the Family Code for terminating a marriage. The same reason is the recognition of the spouse as dead if he was absent for five years, did not maintain contact with his family or other relatives, did not make himself felt, and no one confirmed that he was alive.
If the spouse was in places where his life was a real threat (military operations, natural disasters, man-made disasters), then the period is reduced to six months. In case of death of a person, confirmed by a medical report, a death certificate is issued.
And in the event of an unknown absence for more than five years (or six months - in cases provided for by law), on the basis of an application of interested persons 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 Methods of divorce
- 2 How to cancel a divorce?
- 2.1 Is it possible to cancel the decision of the registry office on divorce?
- 2.2 Can a court decision on divorce be reversed?
- 2.3 Cancellation of divorce decision through appeal
- 2.4 If the deadline for appeal is missed
- 3 Need a lawyer
Ask a lawyer for free! The Civil and Family Codes define the procedure for entering into marriage and its dissolution. One of the spouses can initiate the divorce proceedings, while the consent of the other spouse is not at all necessary. But it happens when both spouses after some time can 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.
At the same time, when replacing a passport due to deadlines or due to loss, damage, a new passport will be issued without a stamp. In the event that a person who did not change his passport after the death of his spouse wishes to enter into a new marriage, when applying, he will need to present a death certificate to the registry office of the former spouse.
I also note that a similar situation arises when one of the spouses is declared dead by a court decision. In a judicial proceeding, a citizen can be recognized as dead if over the past five years there is no information about him at his place of residence.
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, it is not necessary to formalize its termination in any special way - neither file a divorce, nor receive a certificate of divorce. But a widow (widower) needs to obtain a death certificate from the registry office, which will be a document confirming that this person is not married.
The marriage is considered terminated from the date of the death of the spouse. Let me emphasize: in this case, the legislation does not provide for the affixing of any stamp on the termination of the marriage due to the death of the spouse in the passport. That is, the last stamp remains in the widow's (or widower's) passport - about marriage registration.
Already in the future, after a divorce, it is allowed to transfer the corresponding claim to the court on the division of property. In cases where married couples have recorded their relationship in other states with all the formalities, they will not be able to go through a divorce case through the registry office in Russia. They will have two options left - applying to the judiciary or dissolution of marriage in the country of its registration. Filing an application The procedure for dissolution of marriage through the authorized state body of the registry office will be very quick and uncomplicated. During such a process, the only thing required is the readiness of the two spouses for divorce and their presence. Unlike the court divorce process, this option will not exhaust people who want to disperse, will not spoil their nerves, and will save their time.
To apply for a divorce, you can contact the registry office directly, send the necessary application through a specialized website, use the services of the MFC (Multifunctional Center). Relationship with Soviet Legislation It is noteworthy that much of today's Russian legislation has its origins in the Soviet era.
