内縁の定義

内縁の定義

内縁とは、婚姻はしていないけれど、法律上の夫婦と同様の生活をしている男女関係のことを言います。事実婚とも言われますね。

内縁関係は、結婚に準じる関係として、一定の法律上の保護が与えられています。

ただし、内縁関係と言えるためには、長期間同居生活をしていて、家計も同一であるような関係、すなわち、実態が法律上の夫婦と何ら変わらない関係にある必要があります。

そのため、単に、恋人同士が短期間同居しているに過ぎない場合には、内縁関係とはいえず、法律上の保護を受けることはできません。

法律上の保護を受ける内縁関係であれば、たとえば、夫婦間の貞操義務、婚姻費用分担義務などの規定が準用されますので、内縁関係にある人が、他の異性と不貞行為をした場合には、相手に対する損害賠償義務が発生することになりますし、別居することになった場合には、婚姻費用を請求することもできます。

財産分与はできるが、相続はできない

また、内縁関係を解消する際には、夫婦が離婚する場合と同様に、相手に対して財産分与を請求することもできます。

しかしながら、内縁関係は、相続には適用されません。

すなわち、法律上の夫婦であれば、配偶者が死亡した場合には、他方配偶者には相続権が認められていますが、内縁関係にある人の一方が死亡した場合であっても、内縁関係の相手には相続権が認められていません。

現在、内縁関係にある方は、将来、パートナーが死亡した場合であっても、その財産を相続することができない、という点にはご注意ください。

トラブルの解決は、アイ総合コンサルタントへご相談ください。

※無料相談はしていません。

 

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内縁の定義”へ5件のコメント

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