If the father s property is pre marital before he remarries, does the stepmother have the right to i

Article 18 of the Marriage Law of the People's Republic of China In any of the following circumstances, it shall be the property of one of the husband and wife:

Pre-marital property. 1) the pre-marital property of one of the parties;

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.

Citation: here.

Ten. Article 7 and Article 18 means that during the existence of the relationship between husband and wife, most of the property is in common, and the property before marriage and some other eligible properties belong to one party).

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.

The following aspects should be taken into account when understanding pre-marital property:

1 The key to determining whether property is pre-marital property is that the property right was acquired before the marriage. If the right to property was acquired before the marriage, but the property was actually taken after the marriage, it is in the nature of pre-marital personal property. For example, if one of the spouses accepts the inheritance before the marriage, and the estate is divided after the marriage, although the inheritance is actually obtained after the marriage, its ownership has been acquired before the marriage, so it should be recognized as the property of one party before the marriage.

2 The pre-marital property of one of the spouses shall not be converted into the joint property of the husband and wife as a result of the continuation of the marital relationship. Unless otherwise agreed by the parties.

In its 1993 judicial interpretation, the Supreme People's Court stipulated: "The property owned by one party before marriage and jointly used, operated and managed by both parties after marriage, and the house and other means of production of greater value have passed for eight years, and the valuable means of subsistence have passed for four years, may be regarded as the joint property of the husband and wife." This judicial interpretation stipulates that premarital property can be converted into joint property of husband and wife as long as it is jointly used, operated, and managed by the husband and wife and after a certain period of time, which is not in line with the principle of joint ownership after marriage, nor does it conform to the theory of acquisition of ownership, and is suspected of exceeding the authority of judicial interpretation.

The amended Marriage Law does not have this practice in judicial practice, and Article 18, Paragraph 1 clearly stipulates that one party's premarital property is personal property. To this end, Article 19 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China states: "Article 18 of the Marriage Law stipulates that property owned by one of the husband and wife shall not be converted into joint property of the husband and wife due to the continuation of the marital relationship.

Unless otherwise agreed by the parties. "Since the previous judicial interpretation is in conflict with the new judicial interpretation, the new judicial interpretation shall prevail.

3. Where personal property before marriage is naturally damaged, consumed, or lost during the common life after marriage, and one party requests compensation with the joint property of the husband and wife at the time of divorce, it will not be supported.

The stepmother has no right to inherit. The law states that your stepmother cannot have it unless your father gives it to her.

The following ** and information from:

The property of the father before his remarriage is his personal pre-marital property, and although it does not belong to the joint property of him and his stepmother, if he dies and becomes his inheritance, the stepmother is of course entitled to participate in the first-order inheritance as a spouse if she has a legal marriage relationship with him.

Your stepmother has the right to inherit your father's property, both before and after the remarriage. If it is property after remarriage, then part of the joint property belonging to your father and your stepmother belongs to your stepmother, and what belongs to your father, which part can be inherited by you and your stepmother. As for your father's property before marriage, it can be disposed of by a will, and if there is no will, then you and your stepmother can inherit it in proportion to the legal inheritance!

It is good that your father had pre-marital property before he remarried, but after he remarried, his stepmother also had the right to inherit. Unless your father first notarizes the pre-marital property to prove that the pre-marital property is not shared with the subsequent partner, that is, there is no right to inherit this part of the money. But the money earned after living together can be inherited.

Pre-marital property before the father's remarriage. Stepmothers have no right to inherit. Your father's pre-marital property.

You can have your father's. Close relatives. For example, parents.

The other is your father's children, inheritance. There is no inheritance right to your stepmother. However, some compensation can be given.

It depends on what you say? The father belongs to the pre-marital property before marriage, but after the death of the father, it belongs to the inheritance, and even the stepmother has a certain inheritance right. Of course, if the divorce was already made before the father's death, it doesn't count.

The stepmother has the right to inherit and if there is a will, the inheritance is carried out according to the will. In China, there are two main inheritance methods in the property inheritance system: statutory inheritance and testamentary inheritance. If the decedent does not leave a will, bequest or bequest maintenance agreement after his death, or if the will, bequest and bequest maintenance agreement cannot be determined in accordance with law, the statutory inheritance shall apply.

The so-called legal inheritance refers to a inheritance method that distributes the inheritance of the decedent in accordance with the scope of heirs, the order of heirs, and the principle of inheritance distribution as prescribed by law. This kind of inheritance only has legal effect when there is no will, so it is also called intestate succession.

The application of legal succession requires the determination of the scope and order of legal heirs. Article 10 of the Inheritance Law states: "The inheritance shall be in the following order:

First order: spouse, children, parents. Second order:

Siblings, grandparents, maternal grandparents. After the succession begins, it is inherited by the heirs in the first order, and the heirs in the second order do not. If there is no heir in the first order, the heir in the second order shall inherit it.

The term "children" in this Act includes legitimate children, children born out of wedlock, adopted children and stepchildren who have an obligation to support. The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents. "The Marriage Law also stipulates that the rights and obligations between an adoptive child and his adoptive parents, and between a stepchild and a stepparent, are equivalent to those between a parent and a child.

Of course there is a right to inheritance. First of all, you have to make it clear that when a person dies, all his property during his lifetime will become an inheritance. In the absence of a will, the legal heirs will inherit the estate in the order of legal succession.

There's nothing wrong with your father's pre-marital property being pre-marital property. But pre-marital property is also your father's inheritance, and your stepmother including you are entitled to inherit a part of it.

If it is your father's property after marriage to your stepmother, then the first thing to do is to divide the family property into two, your stepmother owns half and your father owns half, and this half is also an inheritance.

Therefore, the sum of your father's estate is half of his personal property before the marriage plus the joint property after the marriage. The above is the sum of his estate, and all his legal heirs inherit in the legal order without a doctor's order.

The property before the father's remarriage is pre-marital property and belongs to the father personally, and if the father and stepmother divorce, this part of the property goes to the father. However, if the father dies, then the stepmother, as one of the legal heirs, has the right to inherit.

If the father is pre-marital property before he remarries, is the stepmother entitled to inherit it? Of course, the property before the father's remarriage belongs to the pre-marital property, and the stepmother has no right to inherit, if your father wants to give the property to the stepmother, it is also possible, if there is no clear explanation, there is no clear will, it is not allowed to inherit, like the house before marriage, your stepmother only has the right to live, and there is no right to buy and sell, is it the pre-marital property before the father remarryes, and the stepmother has the right to inherit? The property acquired after marriage belongs to the common community, half of the husband and wife, their personal property before marriage, belongs to the individual, one party dies, belongs to him personally and obtains half of his property after marriage, it is necessary to go through inheritance, first see whether there is a will, there is a will, and the heirs are appointed in accordance with the will to go through the inheritance procedures, without a will, according to the spouse, children, and parents of the deceased's first heir, the three parties equally distribute and inherit all the personal property belonging to the deceased, and the rights and interests of the three parties are equal.

Before the father remarried, it was pre-marital property, but if the stepmother and the father have a marriage certificate, then the stepmother is entitled to inheritance, after all, the inheritance relationship between the husband and wife is legal.

Hello friend, before the father remarried, it belonged to the premarital property, and the stepmother also had the right to inherit, but this should be similar to yours.

The father's property before remarriage is pre-remarriage property. After remarriage, the stepmother has the right to inherit the father's estate because they are legally married to each other. Children of first marriage also have partial inheritance rights.

Generally speaking, whether it is a first marriage or a second marriage, pre-marital property is personal property and does not belong to the joint property during the marriage, and the husband and wife only have the right to inherit and dispose of the joint property in the marriage. The stepmother has no right to inherit the pre-marital property before the remarriage unless there is a will.

Have the right to inherit. Because they are legally husband and wife, they have the same inheritance rights as you after your father's death. However, 50% of the estate should be divided between your mother (if your mother died and not your parents divorced), and the remaining half should be divided equally among the number of heirs.

According to Article 3 of the Inheritance Law, the inheritance is the private property of the individual after the death of a citizen, and although the father is pre-marital property before remarriage, he also belongs to the father's private property, so the stepmother has the right to inherit.

Your father had personal property before remarriage, and after marriage, your stepmother belonged to the legal husband and wife, and your father's parents and children belonged to the immediate family, enjoyed the same rights, and belonged to the first order of heirs, affirming that your stepmother has the right to inherit your father's estate, of course, she is not inherited alone, it is inherited by you and your father's other legal children, your father's parents, and your stepmother.

If this is an inheritance, it is indeed entitled to inheritance, that is, the father cares about the personal property that belonged to him before, his personal property, and his distribution is also the right of parents, spouses, children, and stepmothers, but it does not belong to the existence of marriage, and it is just a joint property.

If you don't want your stepmother to get it, you'd better write a will with your father and give you all the pre-marital property, including the part of the property that belongs to him after marriage, so that you are your father's only legal heir. So you have to communicate privately with your father, because writing a will, some old people are very taboo, so they don't want to talk about it, but this is an unavoidable problem, one day you will put this problem on the table, prepare early, otherwise, there may be some trouble.

First of all, let's be clear, if your father dies, your stepmother is entitled to inherit it. If your father remarries and then divorces, your stepmother has no right to inherit.

As long as your father and stepmother have a marriage license, their marriage is protected by law. If your father dies and your spouse is the one who accompanies your father in his old age, your father's personal property before marriage, plus half of the joint property of the husband and wife, becomes the father's inheritance. If your grandparents are alive, you and your father's current spouses, plus if they have children in marriage, will be the first heirs, and they will have equal inheritance rights and equal division of inheritance.

According to the provisions of the Marriage Law, as long as a man and a woman obtain a marriage certificate, they become legally married couples. As a community, the interests of both parties are protected by the law if the interests of both parties are recognized by the law.

Family property is composed of personal property before marriage and movable and immovable property purchased with the joint income of both parties after marriage, and the ownership of the former belongs to the individual. The ownership of the latter belongs to the joint ownership of both parties and equal rights.

According to the provisions of the Inheritance Law, there are two ways to deal with inheritance: inheritance according to law and inheritance by designating heirs. The first order of heirs to inherit the estate in accordance with the law is; Parents, spouses, children. The appointment of heirs to inherit the estate, in line with the wishes of the owner of the property, supported by the law, is legitimate.

Yes, if there is no will, this property rights that belong to his personal existence will be inherited by the inheritor with the death of the heir, the children, spouse and parents are the first heirs, I don't know if the grandparents are still there, if not, it is the children and stepmother to distribute the inheritance. Of course, it is not the same if the will has been notarized, and who is written belongs to whom.