Do married couples have the same right to inheritance as married couples?



Marriage has not been the only reason for union between two people for a long time. According to the data of INE in Spain there are already close to two million common-law couples and, in 2020, 16% of the unions recorded by the INE were constituted in this way. But despite the reality, this last option still does not have the same rights in all areas regarding marriage, “despite the fact that this percentage is increasing from year to year, it is much more economically beneficial to get married than to be a de facto couple », Explains Abel Marín, lawyer and partner of the firm, Marín & Mateo Lawyers.

It grinds especially in the case of inheritances in most of the autonomous communities, where in the event of the death of one of the members of the domestic partnership, the other would not have the right to inherit any property in most of the autonomous communities. : «If there is no marriage or will, the couple will not receive anything. People think so, but this has to be clear: although in some regional laws this regulation is being debated, there is still no unification of in all the autonomous communities, because in most of them it is applied in Common Civil Law, that is, the Civil Code, lacking competencies in the matter “says the author of the book ‘Protege tu inheritance’.

The only communities where the same inheritance rights exist for domestic partners are Catalonia, Basque Country, Galicia and Balearic Islands. For its part, Aragon has its specific advantages, but as part of the Family or Marriage Law and not as a succession. Thus, after the death of one of the members of the common-law couple, the other may live in the same home for a period of one year, in which he / she was residing with the deceased up to now.

But in the rest of Spain it is quite different. «If I am 20 years with my partner, but I have not wanted to get married, if I die without children and have a flat, that flat will go to my heirs, that is, my parents, brothers, nephews, or even first cousins. My partner will be left with nothing», Says Marín.

In these cases, it will be essential to write a will in which the assets to be transmitted are expressed or even grant him the title of universal heir. Even so, “there will always be a part of the inheritance reserved for forced heirs, that is, children and descendants or parents and ascendants,” concludes the lawyer.

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