Under what conditions will a spouse have a share in inheriting the family home?

 

The spouse will get all the deceased's share in the family home , providing it is part of the estate, even if the other heirs are siblings, children or grandparents, and providing the spouse and the deceased were married for at least 3 years, and were living there together just prior to the death.

Is a spouse still entitled to part in the family home where the deceased's rights in it did not amount to ownership?

 

Yes, for example, if the deceased had a long term lease, or protected tenancy or ownership that had not yet been registered. A spouse's rights still exist even though the deceased's rights in the home did not amount to clear ownership.

What rights will a spouse have if the deceased had a number of apartments and they used to live in them in rotation?

 

Probably the one in which their connection was strongest would be regarded as the family home, and the surviving spouse's rights in the family home would be in respect to that particular one.

Does a surviving cohabitee or common-law spouse have rights in the family home?

 

Yes, equivalent to those of a surviving spouse who was married to the deceased.

Can a widow from the deceased's second marriage sell the family home belonging to her and her late husband , without the knowledge of the adult children from his first marriage – assuming he made no will?

 

No! The widow cannot sell the house unilaterally, without obtaining an inheritance order and the co-operation of the other heirs. If the home is registered in joint names, her late husband's children inherit ,by law , half of his rights in it , i.e. a quarter share of the apartment between them. Only if all the rights in the apartment had been formally registered in her name only, would she be entitled to sell it without the knowledge or co-operation of her late husband's children.

Does a childless widow whose late husband did not make a will, and who decides to rent out the family home, and live elsewhere, have to share what she gets with her brothers-in-law?

 

As a rule, siblings of the deceased who leaves a widow but no children, are entitled to a third of the estate. However, if on the eve of the deceased's death, the wife was living in the family home belonging to the estate, and they had been married for over 3 years, then she, as the surviving spouse ,gets all the deceased's share in it. Accordingly, a widow who had lived with the deceased for over three years in the family home, would not have to share what she received from selling or renting it out with her brothers-in-law.

Will the surviving spouse of a childless marriage lasting five years be entitled to the family home if it still has an outstanding mortgage on it?

 

Yes .The surviving husband or wife, whatever the case may be, is entitled to inherit the deceased's part in the family home, providing it is part of the estate, and providing they were living there together just before his/her demise. The mortgage will be a guaranteed debt, which must be paid off, before the estate can be divided.

Does a deceased's ex-wife and their mutual children have any rights in the home registered in his name, if he makes a will leaving it to his cohabitee?

 

No! A man's ex-wife not entitled to any inheritance relating to her ex-husband after the divorce. While their mutual children are heirs under law, if the deceased choice to make a will leaving the home to his cohabitee, then, presuming the will is valid, its terms override their rights as heirs, and they shall not be entitled to any part of his home, either.

Can a person make a will via a notary in his he bequeaths his apartment to his children, in contradiction to a judgment about the division of property rights between himself and his wife in it, and which include instructions for its sale?

 

As a rule there is nothing preventing a father bequeathing his rights in the family home , or the proceeds he receives from selling them, to his children. However, he cannot bequeath them the whole apartment if this contradicts the judgment about it given by court. A person can only bequeath rights belonging to him in a property jointly owned with someone else , including his wife, whether there is a judgment or not about them. In this connection, the laws relating to property take precedence over inheritance laws.

After my mother died, my father remarried. His second wife was very wealthy and so shortly after he married, he sold the home that he and my mother had owned and lived in, and bought another property, which he registered in his name only. He made a will, leaving that property to me. My father has no died and his second will demands half of this property . Does she have rights in it?

 

No! If it can be proved that the deceased's father's property came from his own funding, then even though it was actually purchased after his second marriage, his surviving widow from that union has no rights in it, as it is not joint marital property. His will , if it is valid, overrides any rights his widow may have by virtue of their marriage.

What part does a spouse have in a home built on a large plot of land?

 

Only the part relating to the family home designed for dwelling.

How can the rights of a spouse and other heirs in the family home be actualized if it is built on a large plot of land?

 

It is possible to arrange the rights in the family home and the plot of land by selling these , so that the spouse's share is equivalent to the value of the home and the proceeds of the sale of the land are divided among the spouse and other heirs, according to the provisions of the Inheritance Act of 1965.