Joint property of spouses after the death of one of them

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Joint property of spouses after the death of one of them

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Issues of inheritance often create significant problems for future heirs.

This is because in modern Ukrainian legislation, there are quite a lot of legislative provisions that regulate the institution of inheritance in general, but the presence of legal nuances of their application in practice has not been canceled by anyone. That is why the issue of hereditary relations is always relevant.

In this article, we will talk about the peculiarities of the inheritance of joint property of spouses after the death of one of them, taking into account the prescriptions of current Ukrainian legislation.

How to distribute the inheritance after the death of one of the spouses?

First of all, it should be noted that the provisions of the Civil Code state that the property acquired during the existence of an officially registered marriage belongs to each of the spouses under the right of joint co-ownership (Article 60 of the Civil Code).

The provisions of the CCU state that a share in the right of joint co-ownership is inherited on general grounds, that is, by law and by will.

At the same time, one of the spouses has the right to bequeath his share in the joint property to other persons, and not specifically to the other spouse (husband or woman).

After the death of one of the spouses, the inheritance is opened only for the property that belonged to the testator personally, accordingly, the share of the other spouse in the object, which is joint joint property, is not part of the inheritance.

During the registration of the inheritance, the notary necessarily checks whether the property could have been acquired by the testator at the expense of joint co-ownership and whether another member of the spouse (heir) has the right to inherit such property.

How to get a certificate of the right to inheritance in case of the death of one of the spouses?

For this, it is necessary to apply in writing to the notary at the place of inheritance opening. Evidence confirming the fact of the registration of a marriage between citizens and the fact of the death of another spouse should also be attached.

At the same time, a notary public is obliged to inform the other heirs of the deceased citizen that one of the spouses plans to accept the inheritance.

The notary informs the heirs who accepted the inheritance of the fact of issuing a certificate of ownership of a share in joint property to the other spouse. Such notification is sent either by means of postal communication, or by verbally informing the heirs who appeared before the notary.

A certificate of the right to inheritance in the event of the death of one of the spouses is issued only for 1/2 of the jointly acquired property in marriage.

Importantly! If one of the spouses who survived the testator cannot provide documents confirming the registration of the marriage, then in such a situation the issue of inheritance of the joint property of the spouses will be resolved only in court.

What to do if the joint property has been seized or prohibited from alienation?

In the case of an existing ban on the alienation of both movable and immovable property, a certificate of ownership in the event of the death of one of the spouses is issued only if the creditor (tax authority) gives written consent to this.

If the property was seized, then the certificate of ownership after the death of one of the spouses is not issued until it is removed by the relevant authorities, and in the case of a ban on the alienation of immovable property, the creditor must be notified by a notary that the debtor's heirs have received a certificate of inheritance.

Independent resolution of issues regarding the inheritance of the joint property of spouses after the death of one of them is a rather long-term process, which necessarily requires the involvement of qualified specialists in the field of jurisprudence, namely, the law firm "Prikhodko and Partners".

Our lawyers not only have many years of experience in working with problematic issues in the field of family law but also know how to apply the current legislation in practice, which allows us to provide the company's clients with only appropriate legal support. Do not delay and contact us!

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