After the death of the ex husband after the divorce, how to divide the property

If the joint property of the husband and wife is divided first (if there is a written agreement between the husband and wife and the current husband and wife does not affect the other people, from the written agreement, if there is no written agreement, the joint property of the husband and wife during the existence of the marital relationship will be divided equally), and if the property of the predecessor is not clear, it will be resolved through negotiation, and the court will not make a judgment through negotiation.

If the part of the property belonging to the ex-husband can be clearly divided, then it will be regarded as an inheritance, and there is a will according to the will, and the spouse (current) of the ex-husband will inherit it without a will.

It is likely that it will not be clear, so the court will divide it however it decides.

If there is still joint property that has not been divided at the time of divorce, the woman can claim to divide her share of the property, or if the husband dies and the ex-wife is designated in the will to inherit, the ex-wife can also claim the right of inheritance. Article 5 of the Inheritance Law shall be handled in accordance with the statutory inheritance after the commencement of 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. Judicial Interpretation III of the Marriage Law:

Article 18: Where, after a divorce, one party files a lawsuit with the people's court requesting division of the joint property of the husband and wife on the grounds that the joint property of the husband and wife has not been disposed of, upon review the property is truly the joint property of the husband and wife that was not involved at the time of the divorce, the people's court shall divide it in accordance with law.

After the divorce, the ex-husband died, and the ex-husband's property should be distributed by the ex-husband's family, and he no longer had any relationship with himself, and he knew that he had no right to distribute. Observe the omen.

1. After the divorce, there is no legal relationship between the two parties, once the two people choose to divorce, it means that they have nothing to do with each other from now on, and there will be no benefits. No matter how rich his ex-husband is, he has nothing to do with him, and he can't get half a cent of the byte set. When he died, he couldn't change any ending, and as an ex-wife, he didn't have any reason or identity to take possession of the other party's property.

2. If the ex-husband dies as an heir, of course, there are heirs who belong to her, and she can be the first person in the other party during the marriage, but after the divorce, there is no legal relationship and is not protected by the law. The ex has his own family, parents, children, and if he remarries, he will also have his own wife and children, which they can distribute, and these will be distributed in accordance with the law, and they don't need to worry about it. If you have a child in common with the other party, the child has the right to inherit, but if it also belongs to the child, it does not belong to you.

3. The ex is in the past tense, since he chose to divorce, he should say goodbye freely and not interfere in the life of his ex. Even if the other party dies, in addition to feeling sad, don't take care of the other party's property, after all, it has nothing to do with you. Once you choose to divorce, don't care about whether both parties are doing well or not, as this will only add to your own blockage.

People are more realistic, and most of the time they will not be able to stand on property issues, but I think that if it is not your own, you should not take possession. As a normal person, as long as you are willing to work hard, everything can be obtained through your own efforts, and don't think about getting something for nothing. The ex-husband's property is not his own at any time, and unless the other party leaves a will or gift, it has nothing to do with him.

Because the two of you are divorced, your ex-husband's property has nothing to do with you, and you can't share the corresponding money.

If you have also paid for the house at this time, you can share it with him at this time, and if it is a pre-marital property at this time, there will be no rental right to distribute the assets of the ruined people at this time.

There is no right to divide the property of the ex-husband, because after the divorce, the parties are independent individuals and have no legal rights.

The ex-wife is no longer a husband and wife, and the property in her name is inherited by the parents of her children.

Legal analysis: After the parties divorce their ex-husbands, they no longer belong to the relationship between husband and wife. After the death of the ex-husband, whether it is the pre-marital property of the ex-husband or the marital property during the marriage, as long as the property is determined to belong to the ex-husband at the time of divorce, it belongs to the ex-husband's estate.

If the ex-husband had a valid will during his lifetime, it should be handled according to the will; If there is no will, or an estate outside the will, the legal heirs of the ex-husband should be divided by inheritance. In addition, because the party has divorced the ex-husband, he is not the legal heir of the ex-husband, and has no legal inheritance right to the ex-husband's estate.

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 111 The inheritance shall be in the following order and refers to inheritance:

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 relationship of support.

Legal analysis: The method of dividing the property of the deceased party in the divorce is: first, before dividing the estate, half of the jointly owned property should be divided into the surviving spouse, and the rest should be the estate of the deceased party.

Second, when the inheritance of the deceased party begins, the method of estate distribution is: if there is a gift and maintenance agreement, it shall be distributed according to the agreement; If there is a legal and valid will, the estate shall be distributed according to the will. If there is no bequest and maintenance agreement, and there is no legal and valid will, it will be inherited according to the law.

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

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce and their opinions on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after the people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

After the divorce, there is no need to distribute the pre-marital property of one party, because the pre-marital property is the personal property of the person concerned, and only the joint property of the husband and wife should be distributed, and the joint property of the husband and wife includes the wages, bonuses, and remuneration for labor services received by the husband and wife during the marriage.

According to Article 1063 of the Civil Code, which came into effect on January 1, 2021, the following property is the personal property of one of the spouses: (1) the pre-marital property of one of the parties; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined in a will or gift contract to belong to only one party; (4) A special daily necessities for Yuanfang; (5) Other property that shall belong to one party.