The Ministry of Justice of Ukraine explained when a person, being in a civil marriage, can receive property. They added that civil marriage is becoming an increasingly common form of family relations, but it does not provide partners with the same rights and guarantees as an officially registered marriage. This is reported by UNN with reference to the Ministry of Justice.
Details
As noted by the agency, this is especially noticeable in matters of inheritance, where the absence of the legal status of spouses significantly complicates the acquisition of rights to the property of a deceased partner.
The transfer of rights and obligations of a deceased person is carried out by law or by will. In the case of inheritance by will, the last will of the testator is decisive, and he has the right to independently determine the circle of persons who will receive his property. However, inheritance by law for persons who were in actual marital relations (civil husband or wife) is complicated, since such persons do not belong to the heirs of the first degree. In the absence of a registered marriage, they have the right to inherit in the fourth degree
In order to obtain this opportunity, it is necessary to prove in court the fact of living with the testator as one family for at least 5 years before the opening of the inheritance.
Only after the court satisfies the application and in the absence of heirs of previous degrees, their removal from the right to inherit, their non-acceptance of the inheritance or refusal to accept it, the civil wife/husband acquires the right to inherit.
How to prove the fact of living in a civil marriage: a complete algorithm
A couple can be recognized as having lived as one family only if there is a set of corroborating facts. Evidence that proves the seriousness of the relationship and the existence of mutual rights and obligations includes:
- cohabitation of a man and a woman;
- common household;
- mutual rights and obligations;
- purchase of property for common use;
- participation in the costs of maintaining housing, its repair;
- provision of mutual assistance;
- existence of oral or written agreements on the procedure for using the living space;
- other circumstances that confirm the reality of family relations.
Recall
Ukrainians who are internally displaced persons from the temporarily occupied territories of Russia and have the status of a combatant will receive 2 million UAH for housing. They can apply for a housing voucher next month.