How to distribute property before marriage and after death in the second marriage

If there is no will or bequest agreement, it is in accordance with the statutory inheritance. However, before inheritance, it is necessary to distinguish between personal property and joint property of husband and wife, and divide the joint property of husband and wife, half of which should be given to the spouse, and the remaining half should be inherited as an inheritance. However, it should be noted whether there is a share of the ex-wife's husband in the property before the second marriage, and if so, it should be divided and deducted first, and the property belonging to the ex-wife will be divided, and the remaining part will be the inheritance of the decedent or the joint property of the husband and wife with the second wife.

[Legal basis].

Article 1063 of the Civil Code The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (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) Daily necessities for the exclusive use of one side, and (5) other property that shall belong to one side.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; 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 1122:Inheritance is the lawful property left behind by a natural person when he or she dies. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

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.

The property acquired after marriage belongs to the common one, half of the husband and wife, each of them has personal property before marriage, belongs to the individual, one party dies, belongs to him personally and obtains half of his property after marriage, and needs to be inherited, first look at 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 divide and inherit all the personal property belonging to the deceased equally, and the rights and interests of the three parties are equal. If there is a will, it should be executed according to the will, and if there is no will, it should be inherited according to the law. According to the Inheritance Law, the estate is inherited in the following order:

First order: spouse, children, parents. 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.

Children, including legitimate children, children born out of wedlock, adopted children and dependent stepchildren. Parents, including biological parents, adoptive parents, and dependent stepparentsSiblings, including siblings of the same parents, half-siblings, adoptive siblings, and step-siblings in a dependent relationship.

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.

Pre-marital property is personal property, and if there is no will and bequest agreement, it is inherited by the legal heirs of the decedent, and the first in line is the parents, spouse, children, the spouse is the current spouse, and the children include the children of the previous marriage.

The method of distribution of pre-marital property after the death of one of the parties after remarriage: Under normal circumstances, the pre-marital property shall be recognized as the personal property of the deceased, and shall not be divided as the joint property of the husband and wife. Inheritance shall be carried out in accordance with the bequest agreement which is superior to the will, and the will which is superior to the statutory inheritance.

If the parties agree or the law provides that the property is joint property, it shall be distributed in accordance with the agreement or judgment. The personal property of the deceased is then calculated and inherited in accordance with the above rules. According to the relevant laws of our country, the house purchased by one of the second married couples before marriage is personal property, and it is treated as an inheritance after death.

If there is a will, it will be inherited according to the will, and if there is none, it will be inherited by the legal heirs.

The pre-marital property of one party is his personal property, and after the death of that party, the property belongs to his estate and shall be inherited by his heirs in accordance with the law. After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance, and the legal heirs in the first order shall inherit according to law, and in principle, it shall be equally distributed; If there is a will or bequest maintenance agreement, it shall be handled in accordance with the will or bequest maintenance agreement. If the parties agreed to joint ownership of pre-marital property, only half of it is the estate of the deceased spouse.

If the children of the decedent die before the decedent, the blood relatives of the decedent's children shall inherit by subrogation, and if the decedent's brothers and sisters die before the decedent, the children of the decedent's brothers and sisters shall inherit by subrogation, and the subrogated heirs can generally only inherit the share of the inheritance that the subrogated heirs are entitled to.

What is included in pre-marital property?

1. The income of a natural person;

2. Houses, savings and daily necessities of natural persons;

3. Forests, livestock and poultry of natural persons;

4. Cultural relics and library materials of natural persons;

5. The law allows natural persons to own the means of production.

6. Property rights in citizens' copyrights and patent rights;

7. Other lawful property of citizens. Other legal rights may be tangible property or intangible property. The high development of contemporary information network technology has made the property of Xufan envy an important legal property of natural persons.

compensation or compensation received by a party for personal injury; Property that is determined in a will or gift contract to belong to only one party; The daily necessities for the exclusive use of one party belong to the personal property of one party. The income generated by the personal property of one of the spouses after marriage shall be recognized as the joint property of the husband and wife, except for the fruits and natural appreciation.

[Legal basis].

The 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 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.