Is spousal inheritance possible even in a common-law marriage relationship?

Hello. This is an attorney experienced in inheritance cases at Daeryun Law LLC.

To state the conclusion first, spousal inheritance is, in principle, not recognized in a common-law marriage relationship.

Because, under Article 1003 of the Civil Act, the right of spousal inheritance is granted only to legally married couples who have completed marriage registration, a common-law spouse is not a statutory heir even if the substance of a marriage exists.

Therefore, when other heirs exist, a common-law spouse finds it difficult to assert their own share of the inheritance, and as a result there are frequent cases of unexpected disadvantage during the inheritance process.

However, the property can be protected through a few legal exception routes.

First, if the decedent left property during their lifetime by a will made in the statutory form under Article 1065 and the following articles of the Civil Act, the acquisition of property is possible through a bequest.

In addition, only where the decedent has no heirs at all, under Article 1057-2 of the Civil Act, a common-law spouse can, as a 'person with a special relationship', claim the right to be apportioned all or part of the inherited property.

Ultimately, unlike a legal marriage, a common-law marriage relationship does not receive automatic inheritance protection, so without preparing a will or specifically arranging the property in advance, there is a great potential for legal disputes.

Therefore, it is essential to check in advance and prepare for what legal protection can be obtained in your current situation.

When the recognition of one's status for spousal inheritance, or the possibility of a claim for the division of marital property upon dissolution of a common-law marriage, is at issue, it is advisable to review specific response measures with the help of an attorney experienced in inheritance cases.