Is spousal inheritance possible in a de facto marriage relationship?

Hello. I am an inheritance specialist attorney at Daeryun Law Firm.

To get straight to the point, spousal inheritance is not recognized in principle in a de facto marriage relationship.

Under Article 1003 of the Civil Act, spousal inheritance rights are granted only to legally married couples who have completed marriage registration, so even if the substance of marriage exists, a de facto spouse does not qualify as a statutory heir.

Therefore, if there are other heirs, it is difficult for a de facto spouse to assert their inheritance share, and this often leads to unexpected disadvantages during the inheritance process.

However, property can be protected through several legal exceptional routes.

First, if the deceased left property through a will in the legal manner under Article 1065 et seq. of the Civil Act during their lifetime, the property can be acquired through bequest.

In addition, if the deceased has no heirs at all, under Article 1057-2 of the Civil Act, the de facto spouse can claim the right to receive all or part of the inheritance property as a 'special relationship person'.

Ultimately, since de facto marriage does not automatically receive inheritance protection unlike legal marriage, there is great potential for legal disputes without prior preparation of a will or specific property arrangement.

Therefore, it is essential to check and prepare in advance what legal protection you can receive in your current situation.

If issues arise regarding the recognition of spousal inheritance status or the possibility of claiming property division upon dissolution of the de facto marriage, it is good to review specific response plans with the help of an inheritance specialist attorney.