How to divorce when one of the spouses dies

Hello, the death of one of the husband and wife will naturally extinguish the marital relationship of both parties, and the death of one of the husband and wife will lose the dependent subject, and there will be no way to constitute a marital relationship, which will lead to the natural extinction of the marital relationship. The marital relationship of a person who has been declared dead shall be terminated from the date of the declaration of death. Where the declaration of death is revoked, the marital relationship shall be restored on its own on the date on which the declaration of death is revoked.

Therefore, if one of the spouses dies, the marriage relationship is automatically extinguished, and there is no need to apply for divorce or register the divorce.

[Related Laws].

Article 48 of the Civil Code: For a person who has been declared dead, the date on which the judgment of the people's court declaring him dead is rendered shall be deemed to be the date of his death; Where a person is declared dead due to an accident where his whereabouts are unknown, the date of the accident is deemed to be the date of his death.

Article 51 of the Civil Code: The marital relationship of a person who has been declared dead shall be terminated from the date of the declaration of death. Where the declaration of death is revoked, the marital relationship shall be restored on its own on the date on which the declaration of death is revoked.

However, this does not apply to the spouse who remarries or declares in writing to the marriage registration authority that he is unwilling to reinstate.

If one party dies, there is no need to go through the divorce procedures, you need to go to the relevant department to get a death certificate, and the other party is widowed, not divorced.

If one of the spouses dies, then there is no need for divorce, as long as one of the spouses dies, you can marry another, and there is no need for divorce.

If one of your spouses dies, then you can bring your documents, go to the Civil Affairs Bureau to ask, and ask the civil servant how to go through the divorce procedures after going upstairs, and you must bring the ID cards and marriage certificates of both parties before you can go through the divorce procedures.

If one of the spouses dies, there is no need to go through the divorce procedures, and you will naturally be separated from the husband and wife, and you will be free from the beginning of the elimination of the deceased's household registration.

For both spouses, if one of the spouses dies, there is no need to go through the divorce procedure, because there will be a widow in the marital status column.

You need to go to the hospital to issue the other party's death certificate, and then take the death certificate and the other party's household registration book, ID card and your own household registration book, ID card to the local civil affairs bureau for divorce registration.

If one of the spouses dies, then the marriage relationship will be automatically dissolved, so why should there be a divorce? There is no need for divorce, there is no such marriage relationship.

There is no need for divorce when one party dies, which is a widowhood.

Legal analysis: If one party dies, the other party does not need to go through the divorce registration. The marriage is terminated by the death of one of the spouses and no divorce is required. When remarrying, the person concerned will need to provide the death certificate of the ex-spouse.

Legal basis: Article 1080 of the Civil Code of the People's Republic of China The marriage relationship shall be dissolved when the registration of divorce is completed, or the divorce judgment or mediation document takes effect.

Legal analysis: The other party does not need to go through the divorce registration. The law stipulates that when a marriage is terminated by the death of one of the spouses, the relationship between husband and wife is automatically dissolved without any divorce formalities.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1,000 Where one of the spouses requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with 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, the divorce shall be granted by Zhonghu:

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 a divorce lawsuit again, the divorce shall be granted.

When one of the husband and wife dies, the marital relationship is automatically extinguished, but it is not a divorce, because there are only two ways of divorce in China: divorce by agreement and divorce by litigation, and there is no automatic divorce and marriage.

If one of the spouses dies, the other spouse does not need to register for divorce. If the marriage is terminated by the death of one of the parties, there is no need for divorce. However, in the case of remarriage, the person concerned will need to provide the death certificate of the ex-spouse.

1. How to divide the property of one of the two husband and wife after death.

According to the laws of our country, if the property jointly owned by the husband and wife during the existence of the marriage relationship is divided unless otherwise agreed, half of the jointly owned property shall be divided into the spouse's property first, and the rest shall be the inheritance of the decedent.

It can be seen from this that when one of the husband and wife dies, all the marital property cannot be used as his inheritance, but the joint property of the husband and wife should be determined first, and half of it should be designated as the property of the surviving party and the other half of the joint property of the husband and wife before it can be recognized as the personal property of the deceased party.

2. Settlement of debts after the death of one of the spouses.

In the event of the death of one of the husband or wife, the surviving spouse shall be jointly and severally liable for the joint debts incurred during the existence of the marriage relationship.

The joint and several liability for the repayment of marital debts is unconditional, and it is not conditional on whether the deceased party has an inheritance or whether the husband and wife have joint property after marriage, that is, regardless of whether the deceased has an inheritance, as long as it is a joint debt of the husband and wife, the surviving husband or wife is obliged to bear the responsibility for repayment. If one of the spouses dies and the surviving spouse fulfills the joint and several liabilities, the surviving spouse obtains the right to recover compensation from the other spouse. In the actual life of Bi Jingshou, the right of recovery exercised by the surviving party is limited by the marital property system and the inheritance system.

It is mainly divided into the following situations:

1. If the husband and wife implement the agreed property system, that is, the husband and wife agree that the property shall be owned by each other, and the surviving party shall exercise the right of recovery within the scope of the agreed property after performing the joint and several liabilities. If it is agreed that the property belonging to the deceased party is insufficient to be repaid, it shall be repaid with other estates of the deceased party.

2. If the husband and wife implement the statutory property system, they shall first use the joint property to pay off, and if the joint property is not enough to pay off, they can use other estates of the deceased party to pay off, such as the premarital personal property of the deceased party.

3. The exercise of the surviving party's claim shall be limited to the actual value of the entire estate of the deceased party, and the part exceeding the actual value of the estate will not be realized unless the heirs voluntarily repay it.