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Anonymous users2024-02-06It is difficult to obtain court support for this kind of gifting by one spouse and denying it after his death. Here's why:
First, if one party gives it, then that party must have ownership of the donated property, and therefore have the right to dispose of it. This kind of gift is more common in the disposal of personal property or joint property of husband and wife.
Second, if the property donated to another person is the personal property of the decedent, the heir has no right to interfere.
Third, if the property donated to another person includes the joint property of the husband and wife, then the heirs have no right to interfere except for the other spouse, let alone deny the gift after the death of the decedent.
Fourthly, if the other of the two spouses (not the deceased) is aware of the gift, but does not deny it at the time, or asks for the division of the personal portion of the joint property of the husband and wife, then it is tantamount to acquiescing in the act.
Legal basis: Article 5 of the Inheritance Law, 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 26 Unless otherwise agreed, if the jointly owned property acquired by the husband and wife during the existence of the marital relationship is divided, half of the jointly owned property shall be divided into the spouse's property and the rest shall be the inheritance of the decedent.
Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.
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Anonymous users2024-02-05The gift of the joint property of the husband and wife is valid only after the consent of both parties, and it can be invalidated according to the provisions of the law, if the gift contract is signed by both parties, it is valid, if there is no gift contract, there is a difficult problem of proof, you go to the court and say that there is no consent of the other party, then you need to provide evidence to explain, so if the lawsuit is won by the court, the face is not very large. ——The lawyer will answer for you, I hope to help you!
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Anonymous users2024-02-04Legal Analysis: When one of the spouses dies, half of the joint property of the husband and wife will be inherited according to the law. So when one party dies, the other party gets up to half of the joint property.
It depends on the situation: 1. If one party dies and has a will to be inherited by his spouse, he can inherit it all. 2. The intestate will be divided equally or negotiated according to the joint inheritance of the legal heirs, parents, spouses and children.
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 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.
Article 1127 Inheritance shall be in the following order: (1) 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 legitimate children, 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.
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