If one of the spouses dies, can the other spouse dispose of the property

Hello. 1. The estate of one of the spouses includes his personal property before marriage and half of the joint property of the husband and wife after marriage (including half of the real estate he occupies).

2. If the deceased party has a will, his estate will be distributed according to the will. If there is no will, it will be inherited by parents, spouse and children according to the law. The inheritance of the estate can be divided equally or through negotiation.

1) The Marriage Law stipulates:

Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

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.

2) The Inheritance Law provides:

Article 5 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 10 The inheritance of the estate shall be in the following order: first order: spouse, children, parents.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

Article 13: The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.

Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.

If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.

Where the heirs agree through consultation, it may also be unequal.

In the case of a joint property owned by a husband and wife, can the other spouse sell the house after the death of one spouse?

The property of the husband and wife before marriage belongs to the individual, and the property formed after marriage belongs to the joint property, which depends on your situation.

The first thing to do with the property is to see whose name is the real estate deed, whether it is one of the husband and wife or the widow who has joint property, and the other party can handle the property. If the other party's parents have a property, the other party has no right to dispose of the property, as long as the elderly do not take it away, they can live in it. It cannot be sold.

If one of the spouses dies, can the other spouse dispose of the propertyI don't think it can be done, because when inheriting the inheritance, there are parents and children who are not inherited by the husband and wife alone, but by the children, and the parents and the other spouse inherit the property, so the other party cannot handle the property. Receive.

Absolutely! If one of the spouses is absent, the other party has the most right to inherit the inheritance, and if there are children, they should also share a part of the children, so it is best to consult a lawyer for things like this, and there are many changes in the law now.

No authority to deal with the property. Because according to the estate law, the property belongs to the joint property of the husband and wife, if one party dies, the heirs of the property of this party are inherited by the parents, sisters, brothers and children, so the consent of the other party's parents, brothers and sisters and children can only dispose of the property, otherwise it cannot!

It can be divided into: the property is the pre-marital property of the living party, and the property can be disposed of, even if the other party is alive.

The property is the pre-marital property of one of the deceased, or the joint property of the husband and wife. The consent of the deceased's first-order heirs (parents, children) is required.

No, because it is the joint property of the husband and wife, half of it belongs to the deceased party, and it involves the issue of inheritance

Marital property refers to the marriage, and in the absence of one party, the estate should be the other partner, you can consult a lawyer for details

Legal analysis: The name of the deceased party is on the title deed, indicating that the property is owned by the deceased party. The title deed shows the names of both husband and wife, indicating that the property is jointly owned by the husband and wife, and half of it belongs to the deceased's spouse after the death of one of the spouses.

If the other half has a will, it will inherit according to the will; If there is no will, it shall be inherited according to the law.

Legal basis: Article 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 an agreement for the maintenance of the survivors, it is to be handled in accordance with the agreement.

The Civil Code stipulates that if one of the spouses dies, the part of the property belonging to the decedent is the inheritance, and the spouse has the legal right to inherit. According to the relevant laws, the parents and children of the decedent also have the right to inherit, so the other party cannot fully inherit his share of the estate.

Article 1 of the Civil Code, paragraph 1087 In the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law. Article 1062:The following property acquired by a husband and wife during the existence of a marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; 3) income from intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; 5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property. Article 1063:The following property is the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties; (2) Compensation or compensation received by one party for personal injury.

Legal Analysis: The name of the deceased party is on the title deed, indicating that the property is owned by the legal party. The title deed is in the names of both husband and wife, indicating that the property is jointly owned by the husband and wife, and after the death of the spouse, half of it belongs to the spouse of the deceased.

the other half, if there is a will, inherit according to the will; If there is no will, it shall be inherited according to the law.

Legal basis: The first shout of the Civil Code of the People's Republic of China is 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 that is not balanced, it is to be handled in accordance with the agreement.

Legal analysis: Unless otherwise agreed, when dividing the property jointly owned by the husband and wife, 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.

Legal basis: Article 1153 of the Civil Code of the People's Republic of China Article 1153 When dividing the property jointly owned by the husband and wife, unless otherwise agreed, half of the jointly owned Tongli property shall be divided into the property owned by the spouse, and the rest shall be the inheritance of the successor to the training group. Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.

The property of the husband and wife in the event of the death of one party is handled as follows:

1. If the house belongs to the deceased, it is inherited by the spouse, children and parents, and it is generally divided equally;

2. If it is a joint property of the husband and wife, the house shall be divided into the general property rights of the spouse first, and the remaining half shall be inherited in accordance with the legal inheritance order.

The so-called inheritance refers to the property of the deceased party who has not exercised the right of disposal, and if it is common property, the share due to the co-owner shall be excluded. The principle is that the first-order heirs should be distributed equally, and it is also possible to negotiate the distribution of the birds, and the heirs who are obviously vulnerable should also be taken care of.

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 testamentary gift; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.