How are assets distributed in the presence of an illegitimate couple?

Milagros Garciaa specialist in family law, explained that at the death of a person who had a parallel relationship with his wife and other extramarital relationships, the spouse, that is, the wife, is the person who has succession to the inheritance.

in sequence Family and Justicenoted that even when living apart from another person, the latter cannot exercise his own rights, which are born only in marriage.

Similarly, it is stated that the de facto union is of two kinds: correct and incorrect. “The correct case is when two people, unmarried and without any obstacles to marriage, decide to live a life together, in this case both are single, but if one of them dies, the other has the right to inherit, because both were free from obstacles for marriage. ” added the doctor. Milagros Garcia.

He also added that an illegal de facto union is a union that does not give rise to any inheritance rights or the right to a property partnership.

The professional stated that an unlawful de facto union occurs when a person, that is, one of the married spouses, lives with another person, but in the event of the death of this married spouse, the cohabitant cannot claim rights, even if the deceased was separated for years his wife.

Also CEO ECADEPpointed out that if there are children, they have no reason to do so, since there are mandatory rights.

“The rights of children born within family ties, compared to children born outside this family nucleus, that is, illegitimate children, are the same,” he emphasized in sequence. Family and Justice.

Garcia’s lawyer argued that if the couple lived only together and were unmarried, the cohabitant could bring legal action about Declaration of recognition of the de facto Union that in a judicial process the quality of legal cohabitation is recognized in the judgment and it can be registered in a personal register Renets.

He noted that within the framework of the lawsuit, evidence must be confirmed that will make the justice of the peace understand that the deceased really lived together. For example, you can present witnesses, children’s birth certificates, photographs, videos, etc.

Commenting on the situation of illegitimate children, who are also entitled to inheritance, he pointed out that they can initiate a petition for inheritance, since the method of dividing the inheritance should be the same with both children born in marriage and out of it.

In the event of the death of a person who did not leave a will, an inheritance must be made according to the law, which unites all the children and the spouse as heirs of the deceased.

He pointed out that if the child was not recognized, he must initiate an out-of-wedlock kinship process that grants him the rights of a recognized child through a lawsuit where the main evidence must be the proof DNA.

“The will establishes who are the compulsory heirs, who is the wife and children, who cannot be excluded. 100 percent of the property may be given in a will without fail, as established by the rules and regulations. Civil Code2/3 of what he owns, and a third will remain in free access, which will be given to whoever appears best to the owner of the will, ”the doctor sentenced Milagros Garcia.