Could embarking on a new relationship cause Babi Cruz to lose her right to inheritance?
Recently, the singer’s wife Arlindo Cruz publicly engaged in an affair, which opened a discussion on the issue of the singer’s inheritance. But for experts, the information doesn’t change the fact that entrepreneur Babi Cruz is the legal heir.
Arlindo Cruz suffered a stroke in 2017, which left him dependent on the care of his wife and family. According to the lawyer Marília Golfieri Angella, who specializes in family law, the wife would also not lose the right to the inheritance by assuming a new relationship.
Based on public information, Babi has been zealously caring for Arlindo Cruz’s physical and mental health, as he is well cared for, cared for and with all his rights preserved, so there would be no reason for his wife to lose this right, he has said the lawyer.
The right to inheritance
Also according to Angella, even if there were no cohabitation, cohabitation, for example, with Arlindo Cruz, Bárbara would retain the right to inheritance, “since this right derives from the marriage bond, which remains healthy”.
Thus, for the specialist, the maintenance of cohabitation is only one more argument in the sense that, without a doubt, the maintenance of Babi’s affection, zeal and care for her husband must be recognized.
Also for the lawyer Cláudio Magalhães Batista, Civil Partner of Salamacha Advocacia, just the fact of having an extramarital affair, even if made public, does not deprive the wife of the right to inheritance. The case would be different if she no longer lived with her husband at the time of her death, assesses the lawyer: “In the latter case, the effective separation before the husband’s death excludes the wife’s right to inheritance”, he said. he said.
Larissa Vogel Link, lawyer of BPH Advogados, sees the possibility that Babi Cruz will lose her inheritance: “Analyzing the case in general, the legislation and the more conservative position of the jurisprudence in similar cases, we understand that the public declaration of a new relationship or new union may rather deprive the wife of her right to receive the inheritance”.
The reason would be that, from the moment in which one of the spouses enters into a new relationship and makes this situation public, it can be understood that there has been a dissolution of the marriage due to the end of the communion of lives and mutual fidelity. This characterizes a de facto separation, which occurs when the couple no longer lives together, but has not divorced.
“It should be emphasized that there is room for legal discussion, especially if it is proved that the spouse was consenting to the situation and that, despite the public relationship denounced, the other elements of the marital relationship remained intact without characterizing the de facto separation”, he concluded the lawyer.
Source: Terra
Earl Johnson is a music writer at Gossipify, known for his in-depth analysis and unique perspective on the industry. A graduate of USC with a degree in Music, he brings years of experience and passion to his writing. He covers the latest releases and trends, always on the lookout for the next big thing in music.
