Is the inheritance divorced between spouses? To get an answer to this question, you need to refer to the norms of the current legislation. So, as a general rule, property transferred by inheritance is not subject to division. After all, it was received by one of the spouses for a gratuitous transaction. Nevertheless, if during the marriage the value of this property has increased several times due to financial investments from the family budget, then it can be divided between husband and wife during a divorce. Learn more on this subject from this article.
A little about the main thing
Many citizens who are about to file for a divorce are concerned about the question of whether the inheritance is shared in a divorce? According to family law, each spouse has a right to personal property. But what about the question of the division of inheritance?
So, if the property was transferred to one of the spouses during the marriage free of charge, then this will be the personal property of the latter. Thus, we can draw a definite conclusion that the inheritance of a husband or wife cannot be divided during a divorce.
In this case, it does not matter how the property was transferred: by will, by law in order of priority. The inheritance will be retained by the spouse to whom it was intended. This must be remembered.
Exception to the rule
Notwithstanding the foregoing, in certain cases provided for by applicable law, the second spouse is entitled to claim the inherited property by his husband or wife. But this happens in exceptional cases.
So is the inheritance shared in a divorce between husband and wife? The answer to this question is spelled out in article 37 of the Family Code. Thus, if the value of the inherited property received by one of the spouses during the marriage is significantly increased by the joint efforts of the husband and wife, then it should be divided upon divorce. This rule must be remembered. But the fact of joint financial investments will need to be proved in court. Especially if the husband received the inheritance, and the wife during the specified period of their life together did not work and did not have sources of income.
What are the cases
It has already been indicated earlier that an inheritance received by one of the spouses is considered to be his personal property. Because it was transferred to him on a gratuitous transaction. However, the cases are different. For example, the husband inherited a car, but he and his wife decided to sell it and bought an apartment with the proceeds. Thus, if they decide to divorce, then the acquired housing should be divided between them. After all, an apartment is already their joint property.
Is inheritance shared in a divorce and in what cases? Once again, I would like to answer this question in more detail. So, for this you need to refer to the norms of family law. In the RF IC it is written that the property of each spouse can be recognized by the judicial authority as their joint property. But only on condition that the other spouse invested there his work or funds from the family budget were invested in the inherited property. This fact must be documented (for example, by checks from building materials stores).
In addition
In life, a variety of situations occur. It even happens that spouses inherit property at the same time (for example, in the case of the death of their children or any other relatives who have executed a will on them).
If the husband and wife decided to terminate their relationship, then what will happen to the property received? Can it be divided between spouses in equal shares? This is a very interesting question.
So, if the inheritance was obtained by law, then the husband and wife will receive equal shares in a divorce. In the event that the deceased issued a will, then everything will depend on what is written in it. One of the spouses may receive a large share of the property, and the other - the smallest. Often a will is even challenged in court.
Inheritance in a divorce as a general rule is not subject to division. If the other spouse proves that the initial value of this property was much less than now, because the latter invested money in it, the judicial authority may recognize the property received as the joint property of the husband and wife.
Although, as practice shows, the inheritance in a divorce is wanted to be shared by those spouses who have been married for a long period of time and after a divorce they are afraid to remain without any property. Nevertheless, not all such processes end in success.
FAQ
Disputes over the division of joint property do not subside between the spouses until each of them receives the part of the property that he was counting on. As a rule, this happens after the official breakup.
It is for this reason that people often ask themselves whether the inheritance is shared in a divorce between spouses? If so, in which case?
When answering this question, you must immediately say that the property received by one of the spouses for a gratuitous transaction will be considered his personal property. This means that the wife after the divorce cannot claim the indicated property, which the ex-husband inherited by law or testament.
Nevertheless, the situations are very different. For example, after one of the spouses received the inheritance, the second spouse invested their money in it. Therefore, in a divorce, he has the right to demand the division of this property.
If a citizen received the inheritance after the divorce, can the ex-wife apply for any part of it? The answer in this case will be negative. Firstly, the marriage of citizens has already been dissolved. Secondly, even being in an official union, the inherited property is considered the personal property of the spouse who received it. So everything is very simple here.
a brief description of
Is inheritance shared between spouses in a divorce? Once again, I would like to return to this issue. It can be shared by the court between spouses, if it is proved that its value has increased due to joint financial investments from the family budget. Of course, if people lived in marriage for many years, and then decided to divorce, then the husband and wife would like to receive their share of the property at the end of the relationship. Nevertheless, with the division of property received by inheritance, everything is very complicated. If some people resolve this issue peacefully and allocate a share of the spouse in the joint property, then others are ready to go through all litigation, if only the husband or wife did not get anything during the divorce. This happens quite often.
Not legally married
Is inheritance shared after a divorce? Of course, if people were legally married. But only property that is considered jointly acquired will be divided in a judicial proceeding. This must be remembered. Nevertheless, if people were not legally married, but simply cohabited, then their relationship is not governed by family law, therefore, there can be no talk of sharing shared property .
Some nuances
Is the inheritance divorced in Russia? The answer in this case can be either positive or negative. It has already been pointed out above that the inheritance received by one of the spouses in the marriage is his personal property. No matter what this thing is. Often people inherit not only apartments or cars, but even money.
Nevertheless, if the second spouse invested his money and labor in the inheritance received by the husband or wife, then during a divorce the property can be divided between these citizens. But this is done only after the court finds it jointly acquired. This must be remembered.
More to the above
Is it possible to divide the inheritance after a divorce? This issue has recently become increasingly relevant. It is immediately necessary to say that for the division of property with a spouse after a divorce, it is necessary that it be recognized as acquired together. Otherwise, it will not work.
Moreover, practice shows that some women try to sue part of the property inherited by the former spouse, citing the presence of common children who live with their mother and not with their father. Nevertheless, this fact will not play a decisive role here. If children under 18 years of age live with their mother, then the father must pay monthly alimony for their maintenance. But he is not obliged to share the inheritance with his ex-wife, especially if his value has remained the same. This must be remembered.
Legal advice
Many people believe that all property that was acquired by citizens in marriage is considered jointly acquired. By law, this is so. However, there are certain exceptions to each rule.
For example, if one of the spouses inherited property from his parents, then it will be only his personal property. If the husband and wife sell the inherited thing and buy something else, such as a car, then this will be already jointly acquired property.
Is the inheritance shared during divorce? It is with such a question that citizens very often turn to lawyers who do not understand all the intricacies of the law.
Here again, it must be said that the inheritance will belong to the spouse who inherited it by law or testament. It is not subject to section. Since the property was received by one of the spouses on a gratuitous transaction. This is important to know.
If the second spouse invested his strength and money there, significantly improved the type of property received by the other spouse, then he has the right to apply for part of this property in case of a divorce. This will be fair.
Many lawyers advise citizens after marriage registration to conclude agreements with the spouses on the voluntary division of property. It is best to certify this document with a notary public. This will significantly simplify the procedure for the division of property in the event of dissolution of the marriage. In certain cases, people do not even go to court.
Conclusion
Here, once again, I would like to answer the question of whether the inheritance is divided during the divorce of the spouses? If the property went to both of them at the same time, then the answer will be only positive.
If the inheritance was received by one of the spouses, then this will be considered his personal property. Nevertheless, the second spouse may try to prove the fact that the inherited property belongs to both of them on the basis of joint ownership. To do this, you need to attach checks confirming the costs from the family budget to the item received as an inheritance. For example, spouses together arranged a summer cottage, inherited by a close relative to a husband or wife, built a new house there, planted vegetables and fruit trees. For the court this will be of great importance.
As a general rule, upon receipt of an inheritance in a marriage during a divorce, it will belong to the spouse to whom it was originally intended.