Legal Q&A
Q
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My husband, with whom I maintained a common-law marriage relationship, recently died in a traffic accident. There is an apartment and property in my husband's name, but we had not registered our marriage. In such a case, I would like to know whether I can receive an inheritance. If I do not, I think I will have difficulty raising my son. Can I receive an inheritance after his death?
inheritance in a common-law marriage relationship
inheritance after death
Answer
Published:
Author : Kuk Il KIM
Where a marriage has not been registered, it legally becomes a 'common-law marriage' relationship, and no right of inheritance arises.
Therefore, because a spouse in a common-law marriage relationship is not granted a right of inheritance, they cannot receive an inheritance after death.
However, a son born in a common-law marriage relationship is recognized as having a right of inheritance.
The son may legally be a child born out of wedlock, but because he is still the husband's child, he can receive an inheritance after death.
However, the fact that the son is the decedent's son must be legally recognized.
To this end, an affiliation (recognition of paternity) procedure must be carried out.
If the son has not yet been recognized, he can file a lawsuit for affiliation with the court to obtain formal recognition as a son.
After completing the affiliation procedure, the son becomes a first-priority heir and can receive the inherited property after death.
Legal procedures such as inheritance after death or a lawsuit for affiliation can be complex.
Therefore, it is advisable to consult with an attorney who has handled many related cases to confirm the specific procedures and proceed accordingly.
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