An old man is in her sixties this year. Her lover died of illness last year and left two properties (the property was bought by his lover before remarriage). She remarried her lover, but she did not register for marriage and lived together for more than ten years. She came from the countryside and had no income in recent years. She mainly relied on her lover's salary income. She had never given birth to children, and her lover had two of her own children. After her lover passed away, her lover's children treated him badly and planned to drive him out and not allow him to live in his lover's house. So can she get a part of the property? The inheritance issue will be analyzed below.
1. Since there is no will, it should be inherited in the order of statutory inheritance according to the law. However, since we have not registered for marriage for more than ten years since we have lived together, it does not belong to a husband-wife relationship in the legal sense, so it cannot be inherited according to statutory inheritance.
According to the provisions of " Civil Code of the People's Republic of China ", Article 1127 stipulates that inheritance is inherited in the following order: (1) First order: spouse, children, parents; (2) Second order: brothers and sisters, grandparents, grandparents. After the inheritance begins, it is inherited by the first-order heir, and the second-order heir, , , does not; if there is no first-order heir, it is inherited by the second-order heir. The children referred to in this chapter include children born in marriage, children born out of wedlock , adopted children and stepchildren with support relationships. The parents referred to in this chapter include biological parents, adoptive parents and step-parents with support relationships. The siblings referred to in this chapter include siblings of the same parents, half- or half-siblings, foster brothers and sisters, and step-siblings with support relationships.
From the above provisions, we can see that since the deceased has children, it can only be inherited by the spouse, children, and parents of the heir in the first order. In this case, since the parties did not register the marriage with the deceased, it does not belong to a husband-wife relationship in the legal sense, it cannot be inherited in the name of the spouse.
2. Since the parties have lived with the deceased for many years, they have no income in recent years. They mainly rely on the income of the deceased to maintain their lives and should also be appropriately distributed to part of their property.
The Civil Code of the People's Republic of China stipulates that can be distributed to appropriate inheritance for those who rely on the heirs to support the deceased, or those who support the deceased more than the heirs.
According to the circumstances of the party, he and the deceased have lived with the deceased for more than ten years, and have not been at work or have no income in recent years. The two of them live on the deceased's wages. It complies with the above provisions of the " Civil Code ", so the inheritance may be divided.
3. The inspiration caused by this case.
For this case, since marriage registration is not processed, if the parties sue and ask for an appropriate inheritance, they first need to prove the cohabitation relationship, and also need to prove the fact that they rely on the support of the deceased. If there is no evidence to prove it, it will be difficult to divide it. If the two of them apply for an marriage certificate when they are living together, it will be different. The main thing is to find evidence of the existence of property.
