No cash disbursement starting from 2025 for single pensioners - another financial setback on the horizon
Aging companions overlook the legal ramifications of their relationships. For them, shared living spaces and shared expenses are simply family, but when one of them passes away, the remaining partner may be blindsided by a harsh reality and find themselves homeless.
This predicament befell an elderly Russian man who spent 20 years living with a woman under the same roof, but without a marriage certificate. During their cohabitation, they constructed a home together and ran the household as a family. The man financed the house's construction and setup, but unfortunately, under Russian law, the property belonged only to his civil wife.
When she passed away, the man discovered he had no claims to the property or the inheritance. In an attempt to prove in court that he was financially dependent on the deceased and therefore entitled to inherit (Article 1148 of the Civil Code of the Russian Federation), he was unsuccessful, as the court dismissed his arguments.
As a result, the pensioner was left without a home or any inheritance.
Age Is Just a Number: Marital Status and the Legal Minefield It's important for unmarried elderly couples in Russia to understand the legal implications regarding inheritance. In Russia, the law leans in favor of spouses and family members over unmarried partners when it comes to inheritance. Here are some key points:
- Inheritance Rights: Unmarried partners in Russia do not have automatic inheritance rights. If one partner dies without a will, the estate is distributed according to the intestacy laws, favoring relatives like children, parents, siblings, and other family members[1][5].
- Wills and Testamentary Dispositions: Unmarried partners can secure their partner's inheritance by making a will. Russian law allows individuals to designate anyone they choose as a beneficiary through a will, creating a legal framework for inheritance outside of traditional familial ties[5].
- Property Rights: In cases where unmarried partners co-own property, the rights of each partner hinge on the ownership terms in the property deeds. The passing of one partner may lead the surviving partner to still retain the property—this depends on how the property is held (e.g., joint tenancy or tenancy in common)[1].
- Legal Recognition: Unlike some countries, Russia does not legally recognize common-law marriages. This means that unmarried couples do not have the same rights as married partners in matters like inheritance, tax benefits, or social security[1][5].
In light of these limitations, unmarried cohabiting couples in Russia often seek legal advice to draft wills or establish trusts to ensure their wishes are upheld in terms of property distribution after death.
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In light of the story and the legal Minefield surrounding inheritance for unmarried elderly couples in Russia, it's crucial for partners in health-and-wellness-related discussions to address and understand the legal implications of their relationship, especially regarding property rights and inheritance.
The Russian case of the elderly man who found himself homeless and without inheritance after his partner's death serves as a stark reminder of the importance of science and law in the realm of mens-health and aging, where legal policies and property ownership can significantly impact health-and-wellness and quality of life in later years.
