How to distribute the property of the spouse after marriage

First of all, it is necessary to clarify the deceased's share of the joint property of the husband and wife, and this part of the property is an inheritance with the other personal property of the deceased. Secondly, if the deceased left a legal will during his lifetime, he will inherit according to the will. If there is no will, it shall be inherited by the spouse, children and parents.

The term "children" includes legitimate children, illegitimate children, adopted children and dependent stepchildren. The term "parents" includes biological parents, adoptive parents, and dependent stepparents. Where the decedent's children die before the decedent, the descendants of the decedent's children shall inherit by subrogation.

A subrogated heir can generally only inherit his father's or mother's share of the estate. Where a widowed daughter-in-law has fulfilled the primary obligation of support to her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she is to be the first-order heir. 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. Appropriate inheritance may be distributed to persons other than the heirs who lack the ability to work and do not have a living who are dependent on the support of the deceased, or who are not the heirs who support the deceased more. The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance.

The time, method and share of the division of the estate shall be determined by the heirs through consultation. If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

The method of distribution of the property of the spouse after death is as follows:

1. If the spouse does not have a will and has no children: in this case, all the property of the spouse will belong to his parents or relatives such as siblings;

2. If the spouse does not have a will but has children: In this case, the spouse's property will be divided equally among their children. If one of the children is deceased, the children of that child (i.e. the grandchildren of the spouse) will divide the child's share of the property equally;

3. If the spouse has a will: If the spouse has a will, the will will determine how their property is to be distributed. In a will, the spouse may stipulate how the property is to be distributed, including distributing the property to children or other relatives, or donating the property to charity.

The information required for the distribution of property is as follows:

1. Property list: list the joint property and personal property owned by the husband and wife during the marriage, including real estate, vehicles, savings, investments, etc., as well as liabilities;

2. Proof of marital status: including marriage certificate, divorce certificate, death certificate, etc.;

5. Identity certificate: including ID card, household registration book and other valid documents.

To sum up, if the couple has divorced, the distribution of property after the death of the spouse will be different, and the specific situation needs to be determined according to the divorce agreement or court decision.

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) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of the joint property of brothers.

Article 1127.

The estate is inherited 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.

If the spouse dies, Lunma first divides half of the jointly owned property to the spouse, and then proceeds with the inheritance; Half of the division plus the personal property of the deceased during his lifetime is the estate of the deceased, and after the inheritance begins, 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.

Legal basis]:Article 1087 of the Civil Code of the People's Republic of China.

In the event of a 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 1153.

When dividing the property jointly owned by the husband and wife, unless there is an agreement, 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.