If you have lived together for 15 years and have not received a marriage certificate, but you have a

Updated on society 2024-02-08
16 answers
  1. Anonymous users2024-02-05

    This friend, what is legally recognized in our country is a marriage certificate, not a household registration book.

    However, if it is stated that you are husband and wife, the household register you are talking about can be used as evidence of proper distribution to you when distributing the estate.

    If the legal relationship between husband and wife can be recognized, you have full inheritance rights. But just because you don't have a marriage certificate doesn't mean you can't get a share of the inheritance. You have fulfilled your primary duty of care and are entitled to receive part of the estate. But it is difficult to divide it in half as a wife.

    In addition, the deceased's biological children and parents are the first-order heirs and need to participate in the distribution of the estate.

    The two of you are now faced with the first division of the joint part of the property, and after the division, the part that belongs to the man's estate can be talked about inheritance. After the division, the part that is recognized as your personal property is fully owned by you.

    If you don't know what the situation of the deceased's children and parents is, you can consult in detail. It should be explained more clearly.

    In response to your addition: Your husband's two children have inheritance rights. Because you don't have a marriage certificate, your two children also have the right to inherit (they need to be minors), but now they can't inherit.

    But you can ask for a division of the property, half of which is given to you first, and for the remaining 1 2, you can divide it jointly with your husband's two children. This is theoretically how your benefits are maximized.

  2. Anonymous users2024-02-04

    Yes, because there is a real marriage.

  3. Anonymous users2024-02-03

    According to the law, the inherited property is either the other party has a will or is the first in line of succession of the other party. From the perspective of the latter, two people who are not directly related by blood need to satisfy the relationship between husband and wife. And the conditions for the law to recognize the relationship between husband and wife are also very simple, that is, both parties register their marriage.

    If they have lived together for many years without obtaining a marriage certificate, it is obviously not in line with the law's recognition of the relationship between husband and wife, and there is no right to inheritance.

    In layman's terms, the parties are not husband and wife, but simply cohabitation. In the law, there are no obligations or rights between them. Emotionally, the parties are in a partnership, and there is no difference between the parties and strangers in terms of the rights provided for by law.

    According to the provisions of the law, the inheritors should be ranked in the first and second order, the first priority includes parents, children, and wives, and the second priority includes siblings, grandparents, and maternal grandparents. The two are in order, and in the absence of the first priority, the second priority is eligible.

    In other words, if we want to get our partner's inheritance, we must satisfy several of these relationships. Generally speaking, the partner should be husband and wife, but the recognition of husband and wife requires both parties to complete the marriage registration. The parties simply live together, which is obviously not eligible and cannot receive each other's inheritance.

    If the parties do not plan to get married, but want to be together for the rest of their lives, it is recommended to make a medical order in advance. We can donate our property to the other party after our death by way of a will. In this way, after the death of the partner, there is no need to be bound by the relationship, and the right to inherit can be directly enjoyed.

    However, there may be certain dangers in this way, assuming that the other party is very rich, it may be deliberately caused by accidents. Similar to insurance fraud, it is recommended that both parties recognize each other's personalities and ensure that they are not in danger. It's just that if you say this, it will sound awkward, and it may not be appropriate to tell your partner directly.

    In fact, in our country's law, it is said that cohabitation for a long time is the reality of husband and wife. However, this statement has been canceled as early as 1994, and only men and women who have registered their marriages can be regarded as real couples. Only then do both parties have the rights they should enjoy, such as joint property, inheritance, custody, etc.

    In the absence of registration, there is no husband and wife, and there is no such thing as marriage and divorce.

    From the point of view of rights, it is equivalent to being strangers to each other, and has nothing to do with it. It is recommended that couples who like each other and are approved by each other's parents choose to register for marriage, which can be regarded as a kind of security and security for each other.

  4. Anonymous users2024-02-02

    After living together for many years, the other party also has the right to inherit the inheritance, although there is no marriage certificate, but your relationship is also protected by law.

  5. Anonymous users2024-02-01

    The other party has no right to inherit the estate, because you are not married, you have no relationship in law, and the money will not be inherited by you.

  6. Anonymous users2024-01-31

    The other party does not have the right to inherit the estate. Because two people have not received a marriage certificate, they do not belong to the relationship between husband and wife in the legal sense, so the other party does not have the right to inherit the estate.

  7. Anonymous users2024-01-30

    No, two people who have not received a marriage certificate are not husband and wife, so there is no way to inherit some inheritance if they do not belong to some relatives in the immediate family.

  8. Anonymous users2024-01-29

    There is no right to inherit the inheritance, because the two of them do not have the fact that they are husband and wife, and legally the two of them are not husband and wife and have no inheritance rights.

  9. Anonymous users2024-01-28

    If you don't have a marriage certificate, you don't belong to the husband and wife, so naturally you don't have the right to inherit, and the first heir should be his family.

  10. Anonymous users2024-01-27

    Pre-marital property can be inherited. However, an inheritance that cannot be inherited in accordance with the provisions of law or by its nature shall not be inherited. Inheritance is the pre-marital property left by a natural person at the time of his death, compensation or compensation obtained for personal injury, and other personal legal property.

    Legal basis: Article 1122 of the Civil Code of the People's Republic of China The estate is the personal legal property left by the natural person when he dies. An inheritance that is not inherited in accordance with the law or by its nature shall not be inherited.

    Article 1063:The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined in a will or gift contract to belong to only one party; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party.

  11. Anonymous users2024-01-26

    If you do not receive a marriage certificate, it means that you are not a legal husband and wife, and in this case, after the death of the "husband", you will not be able to inherit his estate, just because you are not the legal heir. Of course, if the other heirs don't care, we can still get our own share of the inheritance smoothly.

    The marriage certificate is issued by the state to legal couples and is the most powerful proof of the existence of the relationship between husband and wife. After having such a "national certificate", we and our husband can be regarded as a real husband and wife, if we do not receive a marriage certificate, we only have a banquet, and we still do not belong to the legal husband and wife, such a situation is illegal cohabitation in law.

    In such a marriage, it is very difficult for the "wife" to inherit the husband's property after the death of the husband. Without proof of legal relationship, it is impossible to determine the identity of the heir, and such an heir is not legally recognized.

    Only legal couples enjoy the right of inheritanceInheritance is a basic right enjoyed by every citizen, and the right of inheritance wants to operate normally, there is a big premise, that is, our inheritance status is legal. This is different from blood relatives, where the right to inheritance cannot be questioned.

    If the husband and wife want to inherit smoothly, they can only use the marriage certificate to protect it, and the lack of such a legal certificate is a big problem for the determination of the relationship between husband and wife, as well as the division of property and debts of both parties, and inheritance.

    The marriage relationship is legal, and it is very important for a marriage to obtain a marriage certificate for every marriage, in order to be regarded as a legal husband and wife in the legal sense. In real life, there are couples who live together without obtaining a marriage certificate for various reasons. In such a marriage, everyone is happy when there is no problem, and once there is a problem, it may be regretted.

    Therefore, in the marriage relationship, in order to protect our own rights and interests, and in order to prevent the marriage from being talked about by outsiders, we must obtain a marriage certificate with the other half to confirm that our marriage is legal and valid.

    Based on the above situation, it is very difficult for a couple without a marriage certificate to inherit the inheritance of one party.

  12. Anonymous users2024-01-25

    No, this is because you and the other party have not received a marriage certificate at all, so the relationship between the two of you is not legally recognized at all, so you are not a spouse at all, and you cannot inherit the inheritance.

  13. Anonymous users2024-01-24

    It is possible to inherit his inheritance, although the two of you are not married, but the two of you have been together for a long time, the law will also recognize the relationship between the two of you.

  14. Anonymous users2024-01-23

    If two people do not have a marriage certificate but have a ceremony and have been living together, the marriage is legally protected and they can inherit his estate.

  15. Anonymous users2024-01-22

    Of course not. The two of you are not legally husband and wife, so you are not eligible to inherit his estate.

  16. Anonymous users2024-01-21

    Legal analysis: 1. According to the laws of our country, a man and a woman who are married should apply for marriage registration at the closed marriage registration authority. A marriage certificate is issued, and the marriage relationship is established only after the registration of the marriage cemetery is completed.

    2. Only those who have a legally recognized marital relationship belong to the heirs in the legal inheritance, and can inherit the spouse's estate through the legal inheritance.

    3. If the husband has made a will or bequest, he can inherit the husband's property through the will or bequest.

    Legal basis: Civil Code of the People's Republic of China

    Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

    Article 1127 Inheritance shall be inherited in the following order:

    1) First order: spouse, children, parents;

    2) Second order: siblings, grandparents, maternal grandparents.

    After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit.

    For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

    For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

    The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

    Article 1133:Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may designate an executor.

    A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs.

    A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs.

    A natural person may establish a testamentary trust in accordance with the law.

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