Multiple marriages and inheritance: who has the right to the deceased's property

After a person's death, their property goes to the closest relatives of the first order of heirs - children, parents, and the official husband or wife, reports News.LIVE.

But the question often arises: who will inherit if the deceased was married multiple times?

The rights of the former spouse

The key factor is the validity of the marriage at the time of death. According to the Civil Code of Ukraine, only the person who was in a registered marriage with the deceased at the time of death can inherit.

If the spouses divorced at least one day before one of them died, the surviving spouse no longer has the right to inherit. Common-law cohabitation or a union concluded only in church also do not give the right to inherit property in the first order.

Joint property and its distribution

It is important to understand the difference between joint property and inheritance. If the spouses acquired property together during the marriage, then after one of them dies, half of the property remains with the survivor as a co-owner. The other half is divided among all heirs - among them is the official husband or wife.

The rights of children from different marriages

All children of the deceased have equal rights to inheritance - regardless of whether they were born in marriage, out of wedlock, adopted, or born within 10 months after the father's death. Children from a previous marriage remain full heirs even after their parents' divorce.

The procedure for formalizing inheritance in 2025

To inherit, one must contact a notary at the place of registration of the deceased or where the property is located. Necessary documents:- application for inheritance- passport and identification code- documents for the property that is inherited- documents confirming family ties (marriage certificate, birth certificate, etc.)

Tax features

The first-order heirs (children, parents, or the spouse of the deceased) are exempt from inheritance tax. For other heirs, even with a will, the mandatory payment of tax is required.

The rights of parents

The parents of the deceased also have the right to inheritance, provided they have not been deprived of parental rights. This right remains regardless of the number of marriages their child had.

The main principle of inheritance in the case of multiple marriages: only the current official husband or wife has the right to inheritance, whereas former spouses do not. At the same time, all children, regardless of which marriage they came from, remain equal heirs.

In the event of the death of a person who has been married multiple times, inheritance is distributed according to the law. Official relationships at the time of death determine a person's right to inheritance, while children have equal rights regardless of which marriage they were born from. Parents can also be heirs if they do not have convictions for the deprivation of parental rights.