Divorce – can ex-spouses get a share of the inheritance.

Divorce – can ex-spouses get a share of the inheritance
Divorce – can ex-spouses get a share of the inheritance
After a person's death, their property may be passed on to closest relatives – children, parents, and an official husband or wife. They belong to the first line of heirs. But often the question arises, who will inherit if the deceased was married several times.

The editorial staff of Novyny.LIVE explains how a person's inheritance is divided if they had multiple marriages.

Does an ex-wife have the right to a share of the inheritance?

It all depends on whether the marriage was valid at the Time of death. If the spouses divorced at least a day before one of them died, the survivor no longer has a right to the inheritance.

According to the Civil Code of Ukraine, only the person who was in a registered marriage with the deceased at the time of death may inherit. Living together or a union formed only in church does not grant the right to inherit property in the first line.

It is also important to remember about joint property. If the couple acquired it together during 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 the heirs – among them will be the official husband or wife.

How to formalize inheritance in 2025

To inherit, one must contact a notary at the place of registration of the deceased or where the property is located. It is necessary to submit:

  • a statement on the acceptance of the inheritance;
  • a passport and identification code;
  • documents for the property that is inherited;
  • documents proving family ties (marriage certificate, birth certificate, etc.).

If you are a first-line heir (child, father, mother, or spouse of the deceased), you do not need to pay inheritance tax. However, for other heirs, even if there is a will, mandatory tax payment is required.

Rights of children and parents to inheritance

All children of the deceased have the right to inherit – regardless of whether they were born in marriage, out of wedlock, adopted or born within 10 months after the father's death. Parents of the deceased also have the right to inheritance if they were not deprived of parental rights.

In contrast, former spouses cannot claim inheritance if they were not in a registered marriage with the deceased at the time of death. Meanwhile, children from previous marriages remain full heirs.

Earlier we wrote that although the right to inheritance is usually considered guaranteed, especially for first-degree relatives, Ukrainian legislation provides certain cases when a person may be deprived of the ability to inherit property.

We also mentioned that in the event of a person's death without a will, their property is distributed among relatives according to the legally established order. The circle of heirs includes the closest relatives, adopted individuals, and those who lived with the deceased in the same family for at least five years.

After a person's death, it is important to understand how inheritance is properly divided, especially in cases where the deceased had multiple marriages. Ukrainian legislation establishes clear rules and procedures for inheriting property, which helps avoid disputes and conflicts among heirs.


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