The author posted a question in Legal Advice
if an apartment is bought in shares in half with my mother and she has a husband, what to do? and got a better answer
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Here are your options: 1 Inherit the second share with the other heirs, if any, and your husband, and you have the right of first refusal to purchase this apartment with commensurate compensation to the other heirs. In this case, the apartment was purchased before marriage. 2 Inherit the second share with her husband, in this case he immediately gets 1/4 share since the marriage was dissolved due to the death of the spouse and will share the remaining 1/4 share with your mother's husband and other heirs. In this case you and your mother's husband have the right of priority to acquire the ownership of this apartment, see above. In this case, the apartment was bought in wedlock. 3 Your mother writes a will to whom she wants. The husband may receive a 1/4 share if the marriage apartment was bought or will receive nothing in this case, although he may have the right to an obligatory share. This is not an exhaustive version of the events, but most likely it will be as I pointed out above. More information would give, then we can say more accurately what will happen.
Here are the options: 1 Inherit the second share with the other heirs, if any, and your husband, and you have the right to preferential purchase of this apartment with commensurate compensation to the other heirs. In this case, the apartment was purchased before marriage. 2 Inherit the second share with her husband, in this case he immediately gets 1/4 share since the marriage was dissolved due to the death of the spouse and will share the remaining 1/4 share with your mother's husband and other heirs. In this case you and your mother's husband have the right of priority to acquire the ownership of this apartment, see above. In this case, the apartment was bought in wedlock. 3 Your mother writes a will to whom she wants. The husband may receive a 1/4 share if the marriage apartment was bought or will receive nothing in this case, although he may have the right to an obligatory share. This is not an exhaustive version of the events, but most likely it will be as I pointed out above. More information would give, then we can say more accurately what will happen.
Yes, he can do that.
husband or cohabitant? Either way and you are an heiress
Did the mother buy her share in the marriage or not? If married, he is a co-owner of her share, plus in the event of her death, one of the heirs to her half in the jointly acquired share. They can formalize the division of property, and he will give you his share. But he will still be the heir to Mom's share, unless they divorce before her death. If she bought it before marriage, he is only an heir. He won't have any rights until after his wife dies, and right now he has nothing to give up.
If the mother bought it during the marriage, the share is jointly acquired during the marriage and is jointly owned by the spouses. In the event of the death of the mother, you both: the daughter and her husband - heirs of the first order of the law. Will be allocated spousal share of the surviving spouse-husband of this share - 1/4, and another 1 / 4 will be included in the estate. 1 / 4 will go into the estate of his mother. This is the 1/4 and will be inheritors to take, ie, 1 / 8 will receive. The mother's husband, of course, can refuse to accept the inheritance of 1 / 8 including, but he still remains the owner of 1/4 by virtue of the law. You cannot renounce a part of the inheritance, you either accept everything, or renounce everything. That's when the mother dies, then it will be clear whether her husband will refuse the inheritance or not. - If the jointly acquired during the marriage - the mother's share, the mother and her husband can conclude a marriage agreement on the division of the jointly acquired marital property: this 1/2 share in the apartment - in the personal ownership of the mother. Well, then the entire share of the mother will enter into her estate. Your mother can write a will on you for this share. And you will accept inheritance under a will. As of the date of death of her mother's husband may be entitled to a compulsory share, but this can be satisfied from other inherited property, if he does not refuse to accept the inheritance.
determination of the share, figure, not subject to inheritance. heir will be able to claim from you in accordance with Art. 255 of the Civil Code.