The wife (already divorced) of a deceased husband has the right to inherit if...?

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…were they married at the time of the property purchase? Property was not divided upon divorce.

22.05.2023 15:04 675

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Photo of lorina200215 Lorina Fedan

If at the time of the husband's death the marriage was not dissolved and retained its legal force, then half of the joint property is transferred to the widow. This half is not part of the inheritance. The remaining part is divided among first-degree relatives in equal shares in the absence of a will. The remaining half should also be shared among all first-degree relatives, including the husband or wife. The law on the allocation of the marital share regulates that the second half of jointly acquired property is distributed in equal shares among all the heirs.

Importantly! Only the spouse with whom the deceased was in an officially registered marriage on the day of death has the right to inheritance. That is, the ex-wife does not have the right to inherit part of the property of the deceased ex-husband.

The ex-wife of the deceased husband has the right to apply to the court for recognition of the right of ownership of 1/2 of the joint property of the spouses.

22.05.2023 18:26

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