When one of the spouses dies, who should the deposit belong to?

The first is the issue of community property. In principle, our marriage law is based on the joint property system of husband and wife, and the property acquired by the spouse during the marriage belongs to the joint property of the husband and wife in principle. Therefore, when one of the spouses dies, his deposit in the bank is the joint property of the husband and wife, and he or she is entitled to half of the money as a spouse.

The remaining half of the money belongs to the estate and is inherited in accordance with the provisions of the inheritance law.

As for the question of who should own the deposit in the death of one of the spouses, it should first be determined in accordance with the relevant laws and regulations whether the deposit was independently owned by the deceased during his or her lifetime, and then it can be further handled.

After the death of one of the spouses, if the deposit is indeed owned independently by the deceased during his lifetime, it is also necessary to see whether the deceased has any debts that should be repaid independently by the deceased during his lifetime.

In the event of the death of one of the spouses, if it is determined that the deposit did not belong to the deceased during his or her lifetime, it shall be treated as joint ownership of the husband and wife, that is, one of the spouses shall first obtain half of the deposit belonging to him/herself, and the remaining part can be disposed of in accordance with the relevant provisions of the inheritance law. During this period, if the deceased and his or her spouse have unpaid joint debts before their death, the debts should be repaid before further processing, and the balance after the debts are repaid shall be treated as joint property, and one of the spouses shall first take half of the debts belonging to him, and the balance shall be disposed of in accordance with the relevant provisions of the Inheritance Law.

It should be noted that when one of the spouses dies, when dealing with his savings or other property, both morality and law will support and take into account the actual needs of the deceased spouse's future life and maintenance, rather than the fact that after the death of one of the spouses, the savings and other property must be divided in a timely manner, otherwise it will be a very inhumane thing.

Finally, it is only natural that if the deceased has outstanding debts during his lifetime, whether they are personal debts or joint debts, they should be repaid in accordance with the principle of honesty and trustworthiness before further distribution and inheritance of their savings or other property.

The deposit goes to the other half. Because the savings of the spouses are joint property, when the other spouse dies, the other spouse will have the right to decide and own it.

The property of the family should be distributed according to the inheritance rights of the law, not that it must belong to a certain person, unless the deceased made a will before his death, and was willing to give the assets belonging to him to a specific person.

To the other party, because according to the inheritance, the wife and husband are the first in line of succession, so they will divide the majority of the inheritance.

How is the property of one party deceased distributed?

Who owns the deposit after the death of one of the husband and wife: According to the relevant laws of China, if the deposit is the joint property of the husband and wife, after the death of one of the husband and wife, the spouse can profit half of the deposit, and the other half of the deposit will be inherited according to the legal inheritance.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) Wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of 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.

In the event of the death of one of the spouses, the spouse may make half of the savings and the other half of the savings will be inherited by legal inheritance. According to the law, the deposit is the joint property of the husband and wife, and in the event of the death of one of the spouses, the other spouse has half ownership of the deposit.

[Legal basis].Article 1062 of the Civil Code of the People's Republic of China.

The following property acquired by the husband and wife during the marriage 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) the proceeds of 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.

In the event of the death of one of the spouses, in the absence of a will, the deposit shall be inherited by his or her legal heirs, but when dividing the estate, half of the jointly owned property shall be divided into the spouse's possession, and the rest shall be the inheritance of the decedent. The inheritance shall be carried out in the following order: (1) First order:

spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents.

Legal basis: Article 1127 of the Civil Code The inheritance of the estate 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.

"After the death of one of the spouses, the joint property of the husband and wife needs to be divided twice. The personal property of the deceased party is divided first, and then the personal property of the deceased party is divided. Therefore, the surviving spouse cannot occupy the joint property alone.

China's law stipulates two types of divorce, one is registered divorce, and the other is litigation divorce. During the marriage, each spouse has more or less joint property. After the divorce, the relationship between the husband and wife disappears, and the joint property of the husband and wife loses the basis for existence and must be divided.

The joint property of the husband and wife is generally divided at the time of divorce, but when the property is not divided at the time of divorce, or when the division is carried out but then repented, or when the joint property of the husband and wife can be divided again, a property dispute arises after the divorce.

Registered divorce has the same legal effect as litigation divorce for the content of the parties' divorce, but the division of property only reflects the will of the parties, and the marriage registration authority does not examine it or only conducts a formal examination, and the content of the property division has not been recognized by the public rights of the state, and the parties still enjoy the right to sue if they have objections or even repentances afterwards. As for property that is not disposed of in the divorce agreement, the parties can, of course, file a lawsuit in court. After a divorce by litigation, if the parties have a dispute over the property covered by the res judicata, they no longer have the right to sue, so as to maintain the seriousness of the effective judgment.

For property that has been neglected in the divorce proceedings, or property that has been omitted from trial or judgment for some reason, a separate lawsuit may be filed.

1. Order of legal succession:

1) First order: spouse, parents, children;

Heirs in the same order are tied, and there is no order of succession, and the property should be jointly distributed when inherited.

Second order: siblings, grandparents, maternal grandparents.

Only when there is no heir in the first order or if the heir in the first order loses the right to inherit, the heir in the second order can inherit the property of the decedent.

2. Scope of joint property of husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

(3) the proceeds of 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.

[Legal basis].Inheritance Law of the People's Republic of China

Article 9 Men and women are equal in inheritance rights.

Article 10 The inheritance shall be carried out in the following order:

First order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents. ""