Inheritance of property – childless and divorced case
So far, we have not discussed legal issues related to inheritance on our website. However, taking advantage of the opportunity that a colleague appeared in our editorial office, we will discuss today some interesting cases.
It is almost impossible to imagine a worse fate: a man who has never been married, whose marriage ended in divorce, who has never had a child or he has had a child but he lost it as a result of terminal illness or accident.
In this study, we will analyze possible variants of inheritance of property for denounced couples who have children and for divorced but childless couples who have siblings.
Child or spouse – who has the greater right to inherit property?
A father who has not made an immediate financial investment in his child. An uncle who has not yet provided his children with an adequate education. An aunt who has had to give up her job. An uncle who has lost a job because of a child who has lost its first sibling — or who had one before that, but has no more sibling left.
The problem with these people is that they do not have the financial resources to make the transition. And this creates a cycle. Because the mother is dependent on him economically for a substantial portion of her existence — the father has to rely on his mother financially for the remainder of his life — the family must continually look for ways to increase his financial security.
This cycle creates the conditions that foster the next round of family breakdown in this country of which I am speaking.
This is, for example, why a husband and wife are so much easier targets for divorce than a father. They are both dependent on each other financially — and they do not live in a state of dependency. They are in a state when the only economic activity available is marriage.
This means that the husband has no incentive to be a good father by providing for the family or the baby. If it were an individual man who wanted to support the family, his choices would be to raise a wife, or to go into business. The marriage would not work because he has lost the opportunity to have a son. The family is dependent on one another — not the man.
I have known men who have lost three kids, and many of them have made this transition by being “the best dads in the world.” In other words, they have been the best husbands, and have taken up the full challenge of raising children, and they have been the only adult in the world who has been able to do so in spite of all the financial and physical demands placed upon him.
These men are, for the most part, the luckiest men on Earth. They have lived through life with very little difficulty. And they have been able to create the conditions for the next round of family breakdown.
I am sure there are many other men and women who will tell you that their marriage is the best thing that ever happened to them and their kids. If you ask the average American mother, she will tell you that she has been “married better than most mothers” and has done “much better” with her babies than she could if she had never been married in the first place.
We have all been married — even the worst of our husbands. And it is hard to deny that our marriages have become more enduring and stable over the centuries.
There are many other ways that the family could become less stable. There is no doubt that a divorce can destroy a marriage — but that destruction comes with its own set of consequences. And we are seeing these consequences now. This is why I say we need to take this opportunity to change the culture of families.
Can the property of divorcees be inherited between them?
Generally, inheritances are not subject to equitable distribution because, by law, inheritances are not considered marital property. Instead, inheritances are treated as separate property belonging to the person who received the inheritance, and therefore may not be divided between the parties in a divorce.
A divorce that results from an abuse of power can have adverse effects not only on an individual’s life but also on his/her property. The law of inheritances does not require a divorce in order for an unmarried person to lose a portion of his/her property. However, an inheritance received from a non-lawyer will be distributed according to a property-sharing system.
What is the separate property-sharing systems?
If you are wondering, what are “separate property-sharing systems”? It is an economic system based on the concept of property-sharing to protect the rights of individuals and to protect the common good of society from the influence of individuals who are unable to take a fair share in the distribution of wealth. In other words, by providing a property-sharing system, a law-abiding individual will also receive a fair share from his/her property.
The rules of property-sharing systems depend on three factors:
An individual’s relationship with his/her family. In most cases, the relationship that is formed between the person from whom the property-shared income was received and his/her family is known, or, is known. The relationship of the individual to the community that was benefited by his/her relationship. The value of the relationship that was established between both parties.
A common law court will decide if an individual’s relationship to his/her family is known, or if an individual’s relationship to the community that was benefited was established or developed during his/her lifetime. The law-abiding person may have known that his family benefited during his/her lifetime through an inheritance.
An individual has the right to recover the loss of his/her property by proving that it is not due to his/her own fault. Therefore, the individual may file a claim against his/her family for any amount of loss of his/her property and recover a fair share of the income that was earned by this income. This may be possible if the family members or friends of the deceased are also affected by the income.
An individual’s family may also claim against the deceased by paying up to 5% of his/her income after the death. The deceased’s family cannot file an estate or will only pay a portion of the estate after the person has died. Therefore, it may be necessary for the deceased to provide documentation for his/her family, and even for the family of the deceased in order to claim the estate.
In the event of a divorce, the family of the deceased may demand to split the income received. This means that any share received by the family of the deceased is only a portion of his/her income.
Men and woman are not equal in the court
When two people divorce, questions sometimes come up as to whether one spouse may claim rights to another spouse’s inheritance funds acquired during the marriage. An inheritance can occur during the marriage, but it can also happen before a marriage and get mixed in with other marital assets.
Unfortunately, the courts do not maintain an appropriate gender balance when it comes to the division of property in divorce.
The accepted state custom recognizes that the divorced woman will be in a more difficult situation.
It is believed that on the free labor market it will be more difficult for women – if only because of potential pregnancy or children’s diseases. This is why – courts usually grant women greater rights and divide property in an inadequate way during the marriage.
The courts recognize that the man is more resourceful in life and will do better financially than the woman.
Such jurisprudence is a consequence of the continuing stereotypes that, however, in the standard family model, a woman stays at home and a man earns money.
Even if the woman was professionally active and the man proves that he helped raise the children, the results of the publications on earnings broken down by gender indicate certain regularities.
Well, this study shows that there is still a large disparity in the earnings of men and women in similar positions, with similar education and professional experience.
Due to the fact that women’s wages are lower, the courts make an unequal distribution of wealth, which is much greater in the case of providing custody of children to a woman.
It seems natural that it is difficult to share the care of children with career development.
Let’s assume the following situation.
A man has a house and some clothes he likes. He also wants to sell them and the money for clothes will go to the house. He decides to do this. He can do this in any town. In this case, he has to register the sale with the government. He has to pay a fee and a filing fee. His wife may have to do the same. If she does not, the government does not give any inheritance. In addition, there is a filing fee for the house and his wife’s name will be added to the list of the deceased in the records.
In order, the woman may file a civil case that has to do with money. The court will issue her a decree that she can keep the money. The woman will have to pay a fee. She also must keep her name on the list of the deceased.