

Q
In what cases do co-heirs arise, and who are they?
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Although I'm the at-fault spouse, I want to proceed with divorce from my wife. Due to my wife's lack of dedication to the family, I ended up having an affair and want to proceed with a divorce lawsuit. Even though I'm in the wrong, I feel I can no longer live with my wife who provided the reason. Is an at-fault spouse divorce lawsuit possible?
co-heirs
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Autor: 김국일
Co-heirs literally refer to multiple heirs of the same priority who jointly receive inheritance when there are multiple heirs.
Since inheritance is mostly received jointly by several family members, in general inheritance cases, co-heirs arise.
For example, when one of the parents with multiple children passes away, the spouse and all children become co-heirs, and they have joint rights and obligations regarding the inherited property.
Under the Civil Act, the spouse is always included as a co-heir, and inherits jointly with the heirs of each priority order.
Statutory Inheritance Order
1st priority: Direct descendants
2nd priority: Direct ascendants
3rd priority: Siblings
4th priority: Collateral blood relatives within the 4th degree
Co-heirs first become joint owners of the entire inherited property.
After that, they either divide the property individually through agreement, or file a claim for division of inherited property with the court if no agreement is reached.
The more heirs there are, the more complex the interests and the greater the room for dispute, so it is important to clearly organize through expert mediation or legal consultation.

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