There is no registration but there is a de facto marriage, and there is no right to inheritance

Since February 1, 1994, when the new "Regulations on the Administration of Marriage Registration" came into effect, China will no longer recognize de facto marriage relations, and if the marriage registration is not completed or re-registered thereafter, there is no legal marriage relationship, and there is no right of inheritance.

Article 8 of the Marriage Law provides that a man and a woman who wish to marry must register their marriage in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. Obtaining a marriage certificate establishes the relationship between husband and wife. Where marriage registration has not been completed, the registration shall be re-registered.

Article 24 Husband and wife have the right to inherit each other's inheritance.

Parents and children have the right to inherit from each other.

According to the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs dated February 1, 1994 (hereinafter referred to as the Regulations) and the relevant judicial interpretations of the Supreme Court, if the parties have lived together as husband and wife before the implementation of the Regulations, it shall be treated as a de facto marriage. If a de facto marriage is converted into a legal marriage after completing the formalities of post-registration, the parties may exercise the right to request divorce.

Where a man and a woman have not registered their marriage but have already lived together as husband and wife, and subsequently sue the court for divorce, the date of implementation of the regulations shall be the demarcation point, and the circumstances shall be handled separately:

1) Where both the man and the woman have met the substantive requirements for marriage before the implementation of the Regulations, they may be deemed to have the effect of a de facto marriage, and there is no need to apply for supplementary registration, and they may request the dissolution of the marriage relationship; (2) After the implementation of the Regulations, if both the man and the woman meet the substantive requirements for marriage, they shall be informed that they can only exercise their right to request divorce after completing the marriage registration before the case is accepted; Persist in refusing to re-register marriages"Divorce"shall be treated as the dissolution of the cohabitation relationship.

A de facto marriage has the effect of marriage, and the parties have the status of husband and wife, and the relationship between them is appropriate. According to the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs dated February 1, 1994 (hereinafter referred to as the Regulations) and the relevant judicial interpretations of the Supreme Court, if the parties have lived together as husband and wife before the implementation of the Regulations, it shall be treated as a de facto marriage. If a de facto marriage is converted into a legal marriage after completing the formalities of post-registration, the parties may exercise the right to request divorce.

Where a man and a woman have not registered their marriage but have already lived together as husband and wife, and subsequently sue the court for divorce, the date of implementation of the regulations shall be the demarcation point, and the circumstances shall be handled separately:

1) Where both the man and the woman have met the substantive requirements for marriage before the implementation of the Regulations, they may be deemed to have the effect of a de facto marriage, and there is no need to apply for supplementary registration, and they may request the dissolution of the marriage relationship; (2) After the implementation of the Regulations, if both the man and the woman meet the substantive requirements for marriage, they shall be informed that they can only exercise their right to request divorce after completing the marriage registration before the case is accepted; Persist in refusing to re-register marriages"Divorce"shall be treated as the dissolution of the cohabitation relationship.

A de facto marriage has the effect of marriage, and the parties have the status of husband and wife, and the relationship between them is governed by the provisions of the Marriage Law on the rights and obligations of husband and wife; The issue of property disposal during the period of cohabitation shall be subject to the agreement if there is an agreement; If there is no agreement, the provisions of the Marriage Law on the marital property system shall apply. Children born during cohabitation are legitimate; There are mutual rights of inheritance to the spouses.

If the parties did not apply for a marriage certificate but met the substantive requirements for marriage before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, it shall be treated as a de facto marriage, and the parties in the de facto marriage shall have inheritance rights to each other.

If the two parties do not go through the marriage registration after that, then the two parties do not have a legal marriage relationship, and naturally the parties do not have the right to inherit if they attack each other, because after the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, China no longer recognizes de facto marriages.

Legal basis] Article 1049 of the Civil Code of Blind Quarrels stipulates that both men and women who wish to marry shall apply for marriage registration in person at the marriage registration machine. 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.

A specific analysis of the specific circumstances of whether the parties to the de facto marriage have the right to inherit.

The legal first in line of succession includes spouses, children, and parents. The spouse here is the spouse who has only been registered as a marriage, not just a spouse in a common-law relationship. Strictly speaking, the parties to a de facto marriage do not have the right to inherit.

However, if a man and a woman living together as husband and wife without marriage registration have died, and the other party claims the right of inheritance as spouse, it shall be handled in accordance with the following principles:

1) Before the promulgation and implementation of the Regulations on the Registration and Administration of Marriages in Towns and Marriages of the Ministry of Civil Affairs on February 1, 1994, if both the man and the woman have met the substantive requirements for marriage, it shall be handled as a de facto marriage, and both parties shall enjoy the right of inheritance to each other.

2) After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, if both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to reapply for marriage registration. Those who fail to re-register their marriages are considered to be illegal cohabitation and have no right to inherit.

Legal basis] Article 1127 of the Civil Code, inheritance shall be carried out in the following order:

1) First order: spouse, children, parents;

2) Second order: siblings, sisters, 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 "brothers and sisters" as used in this part includes brothers and sisters of the same parents, half-brothers and sisters, adoptive brothers and sisters, and step-brothers and sisters who have the support of Guan Yuzhong.

There is no legal right of inheritance without a marriage registration certificate, but if it is listed as an heir in the will, it has the right of inheritance. Otherwise, a spouse who does not have a marriage registration certificate cannot be counted as a spouse in the legal sense and cannot be regarded as a first-order heir.

Is there any right to inherit without a marriage registration certificate? According to the above, the legal heirs, in accordance with Article 10 of the Inheritance Law, stipulate in Article 10 of the Inheritance Law

The inheritance is carried out in the following order: 1st order: spouse, children, parents and spouse refer to the legal spouse, i.e. the spouse who has been legally registered as a marriage.

However, the "Inheritance Law" also stipulates that for those who lack the ability to work and have no livelihood other than the heirs who rely on the support of the decedent, or those who support the decedent more than the heirs, Min Xun can give them an appropriate inheritance. According to the law, even if a family is formed without a marriage certificate, there is no right to inheritance.

However, if one party takes care of the other party for a long time, supports the family, solves the family life**, or has been raising the heirs, it can also be appropriately distributed to some inheritances in accordance with the provisions of the law.

Summary. Hello, dear, I am glad to answer for you, the inheritance rights of unregistered marriages are replied as follows: Inheritance rights of unregistered marriages:

Without a marriage certificate, there is no legal right to inheritance. Without a marriage certificate, it is not a marriage in the legal sense, so according to the principle of legal inheritance, the other party cannot inherit his property. However, in the case of testamentary succession, the will specifies that the inheritance can also be inherited.

Hello, I am happy to answer for you, the inheritance rights of unregistered marriages are replied as follows: Inheritance rights of unregistered marriages: There is no legal inheritance right if you do not receive the marriage certificate of repentance.

Without a marriage certificate, it is not a marriage in the legal sense, so according to the principle of legal inheritance, the other party cannot inherit his property. However, in the case of testamentary succession, the will specifies that the inheritance can also be inherited. auspicious.

According to Article 127 of the Civil Code of the People's Republic of China, the estate shall be inherited in the following order: (1) the first order: spouse, children, parents; (2) Second order:

Brothers, sisters, grandparents, maternal grandparents. After the inheritance begins, there will be the first-order heirs who will inherit, and the second-order successors who will not inherit; If there is no first-order heir, the second-order heir shall inherit.

Summary. Hello dear! If a man and a woman do not have a marriage certificate, they are either de facto or in a common-law relationship.

According to the provisions of China's "Inheritance Law", only as a legal spouse who has gone through the marriage formalities in accordance with the regulations, will he enjoy the right of inheritance as the first-order heir after the death of the other party.

Hello teacher. Hello dear! If a man and a woman do not have a marriage certificate, they are either de facto or in a common-law relationship.

According to the provisions of China's "Inheritance Law", only as a legal spouse who has gone through the marriage formalities in accordance with the regulations, will he enjoy the right of inheritance as the heir in the first order after the death of the other party.

Spouse, children, parents. Second order: siblings, grandparents, maternal grandparents.

After the succession begins, the first-in-order heirs will inherit it, and the second-in-order heirs will not inherit the first-order heirs. If there is no first-order heir, the second-order heir shall inherit. The term "children" in this Act includes legitimate children, non-bridge-based legitimate children, adopted children and dependent stepchildren.

The term "parents" in this Law includes biological parents, adoptive parents, and stepparents who have a line of support. The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

If the girl gets married at the age of 19, gives birth to a child, and then her husband dies in a car accident, the compensation is distributed if not.

I'm in a hurry to brag about it.

Hello dear! I didn't get a marriage license.

Right. Hello dear! The woman was not entitled to compensation.