Can a divorced spouse participate in the distribution?

For divorced spouses, persons who do not fall within the scope of statutory inheritance cannot claim inheritance rights in accordance with the Inheritance Law of the People's Republic of China. However, if there is a person other than the heir who is dependent on the deceased and lacks the ability to work and has no livelihood, or a person other than the heir who supports the deceased more, they can be given an appropriate inheritance.

Article 10 The inheritance shall be carried out 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. If there is no first-order heir, the second-order heir shall inherit.

Article 14 Appropriate inheritance may be distributed to persons other than heirs who lack the ability to work and have no livelihood who rely on the support of the decedent, or who do not support the deceased more than the heirs.

No, if you are divorced, you will not have the right to inherit, except that you will inherit it in the will.

It is not possible to participate directly in the distribution, but if there are children in common among you, especially if there are children who are not yet minors, and the custody of the children is transferred to the pre-marital spouse, the inheritance can naturally be transferred, but nominally, the inheritance still belongs to the children.

Whether or not the spouses can divide the inheritance in the event of a divorce depends on the specific circumstances and is as follows:

1. If it is an inheritance obtained by legal inheritance, it belongs to the joint property of the husband and wife, and the female circle can request a division;

2. If the inheritance is based on the will, it is personal property, and the woman cannot ask for division.

The joint property of husband and wife refers to the property acquired during the existence of the marital relationship and provided for in the Civil Code of the People's Republic of China, which is the joint property of the husband and wife, and is jointly owned by the husband and wife, and the husband and wife have equal rights to dispose of the joint property.

Personal property refers to property that is wholly owned and controlled by one of the spouses under the joint property system. The provision that the personal property of one of the spouses may be converted into joint property of the husband and wife under certain conditions no longer applies. Specifically, there are two types of property:

The first is the property owned by one party before marriage, which is jointly used, operated and managed by both parties after marriage. Houses and other pre-marital means of production of greater value can be regarded as joint property of the husband and wife after 8 years of living in the field of skin, and 4 years of valuable means of subsistence. Second, during the existence of the marriage, the demobilization and transfer expenses received by demobilized and professional servicemen shall be counted as the joint property of the husband and wife if they have been married for more than 10 years.

Legal basis

Civil Code of the People's Republic of China

Article 1062 The following property acquired by husband and wife during the existence of their 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 1063 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 shall be the personal property of one of the husband and wife:

1) the pre-marital property of an orange 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;

5) Other property that shall belong to one side.

Legal Analysis] Whether the spouse of the heir of the estate has the right to participate in the distribution of the estate should be analyzed according to the specific circumstances: 1. If the owner of the estate dies before the heir, and the subsequent heir dies before the division of the estate, the spouse of the heir has the right to transfer the inheritance and has the right to participate in the division of the estate; 2. After the death of the heir to the estate, if his spouse performs the main maintenance obligation to the decedent, his or her spike puppet shall be used as the first order of the heir's inheritance; 3. If the above two conditions are not met, the spouse of the heir of the estate has no right to participate in the division of the estate.

The inheritance of the property of the parents after marriage is generally the joint property of the husband and wife, but if it is determined in the will that the property belongs to only one of the husband or wife, it is the personal property of one of the spouses and not the joint property of the husband and wife.

"Joint property of husband and wife" refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife. The so-called period of the relationship between husband and wife refers to the period between the marriage of the husband and wife and the death or divorce of one of the parties. Husbands and wives have equal rights to dispose of jointly owned property.

The consent of the spouse is required for the disposition of property by one of the spouses during the existence of the spouse.

Legal basis] Civil Code of the People's Republic of China Article 1129 Where a widowed daughter-in-law has fulfilled the primary obligation of support to her parents-in-law, or a widowed son-in-law has fulfilled the primary obligation of support, she shall be the heir in the first order.

The inheritance of the inheritance, whether the spouse has a share at the time of divorce, mainly depends on the nature of the inheritance.

Divorce refers to the legal act of dissolving the marital relationship between husband and wife in accordance with the legal conditions and procedures.

Registered divorce, also known as divorce by agreement, refers to the dissolution of the marriage relationship through the marriage registration procedure by both parties to the marriage who have agreed to divorce. If both parties to the marriage have an agreement on divorce, they may go through the divorce registration formalities.

Divorce has the following legal characteristics:

1. The dissolution of marriage shall comply with the statutory conditions and procedures for divorce. Divorce agreements reached between the parties to a marriage on their own, or divorce agreements reached under the auspices of the parties' units, mass organizations, residents' (villagers') committees, grassroots mediation organizations, and other relevant departments, do not produce the legal effect of divorce. The parties need to go through the divorce formalities in accordance with the legal procedures, otherwise the legal effect of the divorce will not occur;

2. The dissolution of marriage will produce a series of legal consequences of divorce. The termination of the marital relationship will lead to a series of consequences such as the termination of the personal relationship between the husband and wife, the liquidation of joint property, the change of child support methods, and the settlement of joint debts.

Where a people's court hears a divorce case involving the division of the amount of capital contributed by one party in a limited liability company in the name of one party in the joint property of the husband and wife, and the other party is not a shareholder of the company, it shall be handled separately according to the following circumstances:

1. If the husband and wife agree to transfer part or all of the capital contribution to the spouse of the shareholder, and more than half of the other shareholders agree, and the other shareholders have expressly waived the right of first refusal, the spouse of the shareholder can become a shareholder of the company;

2. After the husband and wife reach a consensus on matters such as the transfer of the share of capital contribution and the transfer**, if more than half of the other shareholders do not agree to the transfer, but are willing to purchase the capital contribution on the same terms, the people's court may divide the property obtained from the transfer of capital contribution. If more than half of the other shareholders do not agree to the transfer and are not willing to purchase the capital contribution on the same terms, they shall be deemed to have agreed to the transfer, and the spouse of the shareholder may become a shareholder of the company.

The evidence used to prove the consent of the shareholders as provided for in the preceding paragraph may be the materials of the shareholders' meeting or the written statement of the shareholders obtained by the parties through other legal means.

Legal basis

Civil Code of the People's Republic of China

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a marriage of remorse and laughter shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

The remarried spouse can inherit the estate. According to the relevant laws and regulations, after the commencement of inheritance, the heirs in the first order shall inherit, the heirs in the second order shall not inherit, and if there is no heir in the first order, the heirs in the second order shall inherit. And the aforesaid first in line of succession generally includes spouses, children, and parents.

Article 1127 of the Civil Code of the People's Republic of China The inheritance of 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. 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 "brothers and sisters" as used in this part includes brothers and sisters of the same parents, half-brothers and sisters of the same Chong Wangsen, brothers and sisters of the same family, and step-brothers and sisters who have a relationship of support. 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 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.