My father has an illegitimate child, can he get a share of my property? 10

China's marriage law clearly stipulates that illegitimate children enjoy the same rights as legitimate children, and from the above circumstances, that is, the illegitimate child has the right to demand support from his biological father.

1. The way in which illegitimate children inherit property:

1. Inheritance according to the will.

If the deceased person makes a will and clearly states that the illegitimate child has the right to inherit the property, then the illegitimate child can inherit the corresponding property according to the contents of the will, and no one has the right to deprive it.

2. Inheritance in accordance with the statutory method.

If the deceased does not make a will, then according to the legal inheritance method, since the illegitimate child is the first in line of succession, he has the right to inherit the property together with the deceased's spouse, parents and legitimate children, and no one can deprive him of the right of inheritance.

2. Relevant Legislation.

1. According to the laws of the People's Republic of China, illegitimate children and legitimate children enjoy equal rights and interests, and illegitimate children also have the right to inherit the inheritance.

2. "Illegitimate children" refers to children raised by parents in non-marital relationships, including children born of premarital and extramarital sexual acts and adopted children.

3. Children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them.

4. The biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living expenses and education expenses until the child is able to live independently.

In the case of legal inheritance, illegitimate children have the same inheritance rights as you, and you have the same status and equal property division.

In the case of testamentary succession, respect your father's opinion.

So, the key depends on how your father makes a statement.

In addition, your property was purchased by your father, and although it is not written in your father's name, it is a marital property and belongs to the family. Your dad and mom have a share. In the event of a divorce, the property is distributed according to the family's contribution, and if it is not divorced, it is the joint property of the family.

Your father has the right to distribute when writing a will. If you don't write a will. Please refer to Statutory Succession.

According to our civil law, children born out of wedlock have the same inheritance rights as legitimate children, so you inherit your father's property jointly and equally as long as it is proved that he is your father's child.

1. Children born in or out of wedlock have the same inheritance rights and can also be the heirs of your father's property.

2. Because your father paid for the house, the illegitimate child is entitled to inheritance.

If the property has your father's share, there is that illegitimate child's share.

According to the new marriage law, as long as the name on the title deed belongs to one of the parties, the other party has no right to interfere.

..What does this have to do with the money your father spends, isn't your name written and the name of the illegitimate child not written.

Whether the father's illegitimate son can divide the family property depends on the circumstances

1. An illegitimate child is also an illegitimate child in the legal sense, as long as the child has the right to inherit the estate regardless of whether it is born in or out of wedlock, he can claim to inherit the estate after the father's fault;

2. However, if the father has made a will to leave all the inheritance to the legitimate children before the negligence, the illegitimate children cannot inherit the inheritance.

Children born out of wedlock enjoy the same rights as children born in wedlock, and no one may discriminate against or deprive them.

Legal basisArticle 1123 of the Civil Code of the People's Republic of China.

After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1125.

If the heir commits any of the following acts, he or she shall lose the right of inheritance:

1) Intentionally killing the decedent;

2) killing other heirs for the purpose of competing for an inheritance;

3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;

4) Forging, tampering with, concealing, or dismantling and destroying wills, where the circumstances are serious;

5) Using fraud or coercion to compel or obstruct the decedent's establishment, modification, or revocation of the will, where the circumstances are serious.

Where the heirs have the conduct in items (3) through (5) of the preceding paragraph, and truly show repentance, and the decedent expresses forgiveness or later lists them as heirs in the will, the heirs do not lose their inheritance rights.

Where the legatee has the conduct provided for in the first paragraph of this article, he or she loses the right to receive the bequest.

How to divide the family property among illegitimate children.

1. The parents of an illegitimate child can specify in the will which property will be inherited by the illegitimate child after his death;

2. The property of the deceased person is inherited equally by the spouse, children and parents. The law clearly stipulates that the children here include not only legitimate children, but also illegitimate children, which are called illegitimate children.

Legal analysis: Illegitimate children are legally called illegitimate children, and the law stipulates that illegitimate children have the right to inherit, so illegitimate children have the right to inherit and can inherit their father's property.

Legal basis: Civil Code of the People's Republic of China

Article 1123 After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 127 The inheritance shall be in the following order: (1) the first order: spouse, children, parents; (2) Second order:

Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes children born in wedlock, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Legal analysis: An illegitimate child is also an illegitimate child in the legal sense, as long as the child has the right to inherit the estate regardless of whether it is legitimate or illegal, and can claim the inheritance after the father's fault. However, if the father had made a will before his fault to leave the entire estate to the legitimate child, the illegitimate child cannot inherit the estate.

Legal basis: Article 1123 of the Civil Law of the People's Republic of China After the commencement of succession, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Summary. Hello dear and happy to answer your <>

The Civil Code stipulates that illegitimate children have the right to share their father's property, and illegitimate children have the same inheritance rights as legitimate children, and belong to the legal heirs in the first order. According to the relevant legal provisions, testamentary succession takes precedence over statutory succession. A notarized will is the most valid.

Can an illegitimate child share the property in his father's name?

Hello dear and happy to answer your <>

The Civil Code stipulates that illegitimate children have the right to share their father's property, and illegitimate children have the same inheritance rights as legitimate children, and belong to the first legal heirs. According to the relevant laws and regulations, testamentary succession takes precedence over statutory succession. A notarized will is the most valid.

Article 127 of the Civil Code: The inheritance of the estate shall be in the following order: (1) the first order: spouse, children, parents; (2) Second order:

Siblings, grandparents, maternal grandparents. After the commencement of succession, it shall be inherited by the heirs in the first order of succession, and the heirs in the second order shall not inherit; If there is no first-order heir, the second-order heir shall inherit. Disturb the hall wise.

Hello, yes, illegitimate children have the same right to inherit. An illegitimate child can have the right to inheritance. Children born out of wedlock are the same as legitimate children.

The law clearly stipulates that children born out of wedlock have the same rights as children born out of wedlock, and that children born out of wedlock include legitimate children, illegitimate children, adopted children and dependent stepchildren. Legal basis: Article 1071 of the Civil Code of the People's Republic of China provides that children born out of wedlock enjoy the same rights as legitimate children, and no organization or individual may harm or discriminate against them.

A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or the adult child who is unable to live independently.