Actual marital relations

Family lawyer
Candidate of Legal Sciences
Welcome to the website! In the article “Actual marital relations” I will tell you about establishing the fact of being in a (civil) marriage, how to establish the fact of being married, about the fact of being married: inheritance after the death of a common-law spouse and how to prove the fact of living alone family. Read the article to the end and contact our law firm for legal assistance in family matters.

Establishing the fact of being in a (civil) marriage

Yes, it is possible to prove the fact of living in a civil marriage only by filing an application (claim) in court.

How to establish the fact of marriage?

Property acquired by a man and a woman in a civil marriage is jointly acquired property and belongs to the right of joint ownership.

Such property is divided in court and has a number of features that are not characteristic of the procedure for distributing property between spouses in a registered marriage.

  1. In this case, the court will need to establish the following:
  2. the fact of being in a civil marriage and its duration;
  3. The volume of property to be divided and the procedure for its division.

This procedure for dividing and determining property acquired in a civil marriage is very complex and is accompanied by various risks that an experienced property division lawyer in Ukraine can prevent.

The fact of being married: inheritance after the death of a common-law spouse

When considering issues and inheritance of property in a civil marriage, one should proceed from the general rules of inheritance. Yes, you can become an heir by will and by law.

If a will was drawn up by the common-law spouse (wife) during his lifetime, in which the testator leaves his common-law wife (spouse) as an heir to all his property, then the heir has the right to an obligatory share in the inherited property. In this case, it should be remembered that the civil code provides for the right to an obligatory share in the inherited property of minors, minors, disabled children and disabled parents of the testator, regardless of what is written in the will.

If a will has not been drawn up, then the inheritance will be divided according to the law.

The common-law wife (spouse) is in the fourth line of heirs by law (after children, parents, siblings, grandparents).

At the same time, if the spouses lived together and acquired property, then this property belongs to them under the right of common ownership and in court it will be possible to claim ½ of this property.

Another way to receive an inheritance from such persons is to change the order in which they receive the right to inherit. This fact needs to be established in court.

How to prove the fact of residence as one family?

Such evidence is:

  • certificate of residence;
  • evidence of residence of such a person in the same apartment/house with the deceased;
  • testimony of neighbors, friends of the deceased;
  • registration entry in the passport, etc.

Also on the site the following materials may be useful for you: Adoption of a child, Parents’ rights to a child, Father’s rights to a child, Divorce, Collection of alimony, Division of spouses’ property, Deprivation of parental rights, Determination of the child’s place of residence, Removing obstacles in communication with the child. 

Family lawyer
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