If the husband and wife live together after the divorce, and the man dies, whose property does it be

Updated on society 2024-05-29
10 answers
  1. Anonymous users2024-02-11

    If there is no objection between the parties at the time of divorce, and the joint property of the husband and wife during the marriage is divided equally, now after the death of the man, half of his property will be inherited by his immediate family without a will, that is, his parents and daughter (see Inheritance Law of the People's Republic of China: Chapter II: Legal Inheritance.

    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.

    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.

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

    The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

    The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

    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.

    If his daughter is a minor, she is under the care of her legal guardian.

    You can see the following page for details.

  2. Anonymous users2024-02-10

    It can be proved that together then mother and daughter have it together.

  3. Anonymous users2024-02-09

    Since divorce, there is no right to inherit property.

  4. Anonymous users2024-02-08

    Legal Analysis: No. Half of the joint property of the husband and wife after marriage, and the personal property of the deceased before the marriage are counted as his inheritance. If there is no will, according to the legal inheritance, the estate is divided by the deceased's spouse, parents, and children, one for each person.

    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 one of the parties;

    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.

    Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

    The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.

    If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

  5. Anonymous users2024-02-07

    If there is no will written on the estate, it may be installed in the legal order of succession, the first heir, the second heir, and the third heir.

  6. Anonymous users2024-02-06

    Yes, the woman's property can be inherited by the woman's heirs.

  7. Anonymous users2024-02-05

    The husband and their children inherit the joint property!

  8. Anonymous users2024-02-04

    The husband and wife are dead, but the man is still alive, does he have his property? I don't think he has any property. However, his property should be divided, and his parents should have a share.

  9. Anonymous users2024-02-03

    In the event of the death of one of the spouses, the other spouse is the first in line of heir and can divide or dispose of all the property.

  10. Anonymous users2024-02-02

    He died, and the property was her husband's! If there is a will, the woman's property can be distributed according to the will.

Related questions
5 answers2024-05-29

The template is as follows: Divorce Civil Complaint Plaintiff: Female, born in Han nationality, Weifang City, Shandong Province. >>>More

58 answers2024-05-29

Acceptance is the only way you can get past this hurdle.

Since you have remarried, it means that you care about her very much, and since you care about her, you have to accept all her good and bad. >>>More

12 answers2024-05-29

Now that he is divorced and seriously ill, he heals himself. >>>More

22 answers2024-05-29

This is what the law calls a "joint debt", even if you are divorced, you must be liable, if the creditor cannot find your husband to pay back, then they can demand that you return all the debts, and you can recover from your ex-husband afterwards.

8 answers2024-05-29

There are happy times and unhappy times, then what do you think, what do you think, since he loves you so happy or unhappy is up to you, if you have someone you like, then the unhappy is the two of you, if you don't have a favorite person, it depends on whether his love can change you, happiness is in your own hands.