Sooner or later, everyone wonders if the inheritance is a jointly acquired property. This is a rather interesting and important question. After all, hereditary and property disputes in the Russian Federation are widespread. What can be said about this? Can a husband claim a wife’s inheritance and a wife claim property inherited by her husband? What does the legislation of the Russian Federation say?
Property Types
To fully understand this issue, you have to find out what happens to property. Enough to study the articles of the Civil and Family codes. They spelled out all the features of the topic. 
So, citizens can face the following types of property during the marriage:
- personal;
- common.
The first usually includes all premarital property and personal items. By the second - everything that citizens have acquired during the officially registered relationship. And it doesn’t matter at whose expense the purchase was made and to whom it was recorded.
About the inheritance
Is the inheritance a jointly acquired property of the spouses? The answer to this question is much simpler than it seems at first glance.
The Civil Code, article 256, states that, by law, inheritance is not considered joint property. This is the personal property of each spouse, which he can dispose of as he sees fit.
This means that the inheritance is not shared when the relationship between husband and wife is terminated. But there are exceptions. It is because of them that one has to wonder whether the house inherited is a jointly acquired property, like any other real estate.
General recognition
You will have to remember that sometimes, according to the law, inheritance can be recognized as joint property of spouses. But this scenario is rare in practice. You need to make sure that certain conditions are met. 
Which ones? Do not want to share the inheritance? Is it joint property or not? Initially, the inheritance is not subject to division. It will belong to the one to whom it was intended.
In Russia, citizens have the right to recognize the inheritance as common if the plaintiff has invested in it a sufficient amount of personal or common money in the marriage. For example, carried out major repairs.
Accordingly, when confirming spending, the husband or wife may claim the spouse’s inheritance. But that is not all!
Prenuptial agreements
Is an inheritance a jointly acquired property? In order not to once again ask such a question, citizens draw up the so-called marriage contracts. Then this document will indicate the principles of the division of property owned by the family.
For example, here you can clearly state that everything that is executed on the husband is his personal property, and that on the wife is her. And it does not matter who and how much has invested in the purchase. It is also permitted in the marriage contract to indicate that the inheritance received by the spouses is not under any circumstances recognized as common. In such situations, it will be possible to minimize the likelihood of conflict.
Sale of inheritance
But that is not all. In Russia, the law provides for different scenarios.
When a married heir decides to sell property and, for example, purchase new housing for the amount received, will new square meters be considered jointly acquired property, unless otherwise provided by the marriage contract? 
In practice, when dividing property, the issue of the origin of the funds for which the property was purchased is necessarily investigated. Even if the property was acquired during the marriage, but the personal funds of one of the spouses, which belonged to him before marriage, were inherited or received as a gift, then such property is not common.
Rejection of spouse
In Russia, marriage contracts are not very popular. Many consider their presence a sign of mistrust in a couple. Therefore, you can go the other way.
Inheritance as jointly acquired property is considered only in exceptional cases. If the heir decided to sell what was transferred to him in the order of succession, you can ask the spouse to write a waiver of profit received as a result of the sale of a specific property.
In other words, the husband / wife in the presence of a notary publicly declares that they do not have any rights to the spouse’s inheritance and to the profit received from his sale. Then the property is recognized as personal. And relies only on the true heir.
Children and inheritance disputes
Many are interested in how children and jointly acquired property are inherited. What rights will the descendants have on the inheritance of the parents? Do I need to worry about this? 
Not. Indeed, in Russia it is clearly stated that children do not have any rights to parental property. Parents also cannot claim the property of their children. Citizens are able to dispose of their inheritance as they wish.
At the same time, the inheritance of parents in the future will become the property of children. That is, if the legal representatives of the child left the property intact, then after their death the descendant will receive the right to inherit it.
In other words, children will be the heirs of the property of the parents. And nothing more. Spouses can also inherit the property of the husband / wife. What you need to remember and know about this?
Spouses and inheritance
Is an inheritance a jointly acquired property? No, but the spouse may be his heir in the future. For example, after the death of a wife / husband.
According to the established legislation, spouses, parents and children are the heirs of the first stage. At the same time, husbands and wives will be allocated shares both in joint property and in what was previously fully owned by the spouse.
What does it mean? Suppose that the husband had a premarital home inherited. Also in marriage, he acquired an apartment in his name. After his death, his wife should first 1/2 of the house and 1/2 of the apartment. Further, the remaining half will be divided between her and the common children. It is these principles that are currently in force in Russia. 
How to recognize the inheritance common
What will help to recognize the inheritance of the spouse joint? This question is rarely asked, but if you know the answer to it, you can easily resolve some property disputes. As was emphasized earlier, a citizen will have to prove his contribution to the spouse’s inheritance. Recognition of personal property as common takes place through the courts.
The plaintiff will need to bring with him:
- lawsuit;
- passport;
- payment receipts indicating expenses for an apartment;
- documents on property rights to property;
- Marriage certificate;
- income statements;
- bank statements;
- witness's testimonies.
In other words, all documents that can confirm personal or common investments in the inheritance of a wife / husband will be useful in court. If you fail to prove your spending, then the property will remain fully to the spouse.
Summary
Now it is clear whether the inheritance can be considered the common property of the husband and wife. Ideally, no. But under certain circumstances, citizens may recognize property as joint. This is done in court. 
In fact, there are no problems with this topic. Especially if you do not invest in other people's property. Otherwise, you will either have to communicate in court or come to terms with the fact that the money is not invested in common property.
Spouses and children may in the future inherit the personal property of wives / husbands and parents, respectively. But during the life of the spouse, they have no rights to each other’s inheritance. This alignment in practice is most common. And it relies on the largest number of citizens. The legislation does not provide any more features.