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The property of one of the spouses in the death of the spouse is vested as follows:
1. If the property is the personal property of the deceased, the bequest and maintenance agreement shall be followed.
If there is no bequest and maintenance agreement, the inheritance shall be carried out according to the content of the will, and if there is no will, the property shall be equally distributed to the heirs according to the legal inheritance.
2. If the property is the joint property of the husband and wife.
Half of the property is an inheritance and is distributed according to the above.
Article 1123 of the Civil Code stipulates that after the commencement of inheritance, it shall be handled in accordance with 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.
Civil Code of the People's Republic of China.
Article 1122:An inheritance is the lawful property of a natural person left behind upon his death.
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 succession, 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.
Article 1124:Where the heirs renounce the inheritance after the inheritance has begun, they shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance. The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.
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The wife accounts for the majority, and the wife's children's parents are the first heirs, so according to the weight, the wife gets her own half, and the husband's half can be shared, and the wife, children, parents, and these half have the right to inherit.
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The house bought jointly by the husband and wife is the joint property of the husband and wife, and in the event of the death of the husband, the house belongs to the wife and the husband's children.
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If the husband dies in a house that the husband and wife buy together, the first order of the house must be owned by the wife. Because according to the inheritance law, the wife is the first heir, and then the parents.
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Pro, if it is a house bought by a husband and wife, the name of the husband and wife is on the real estate certificate, and the husband dies, and the house belongs to the wife.
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The house bought by the husband and wife is the joint property of the husband and wife, and after the death of the husband, the house should belong to the wife
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A house purchased jointly by a husband and wife can only be transferred after the death of the husband and the wife inherits it in its entirety.
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The house is owned by the wife, but the wife still has to bear the responsibility of raising the husband's parents. This is because the wife is the first in line of succession.
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The house bought by the husband and wife together is owned by two people. There is no doubt that the property of the house after the death of the husband belongs to the wife.
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If the house is bought by husband and wife, and the husband dies, the house should belong to his wife.
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This house is certain, and the most important owner is his wife, because his wife and his husband bought this house together, so his wife also has such an obligation to inherit such a house.
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The husband and wife buy a house together, and the husband dies, and the wife has half of the inheritance of the house.
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In the event of the death of the husband, the house is of course inherited by the wife, who is the first heir.
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In the case of joint property, the property should be inherited by the first heir in accordance with the law, i.e. spouse, children, and the husband's parents, siblings, in accordance with the law.
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When a husband and wife buy a house together, the husband dies and of course the wife is the first heir, because they bought it together.
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If the husband dies, of course, the house belongs to the wife, so I must have owned the wife.
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The husband and wife bought a house together, the husband died, and the house went to the wife and children.
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First of all, you must inherit the estate in accordance with the legal inheritance order stipulated in the Civil Code, and after inheriting the inheritance, the corresponding transfer will be carried out.
I hope mine can help you, hope, thank you.
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The house is shared by the wife and the husband's heirs. The house was originally the joint property of the husband and wife and belonged to the husband and wife. When the husband dies, the part that belongs to the husband becomes the husband's inheritance.
The husband's estate belongs to the husband's heirs in common, and the wife is also one of the husband's heirs, so the wife is also one of the co-owners of this part of the estate. In addition, the wife originally enjoyed part of the property rights to the house. So, after the husband's death, the house is shared by the wife and the husband's heirs.
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Legal analysis: In the case of joint property ownership of both husband and wife, when one of the spouses dies, the spouse first gets half of it, and the half belonging to the deceased is inherited by the spouse and children. If you need to sell the property right alone, you need to go to the notary office with the inheritance right to renounce it, and you need to sign the renunciation agreement, get the notarial certificate, and apply to the housing management department to go through the transfer procedures together, so that you can handle the transfer alone.
Legal basis: Civil Code of the People's Republic of China
Article 1061:Husbands and wives have the right to inherit each other's inheritance.
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.
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Legal analysis: After the death of the husband, the property belonging to the joint property of the husband and wife must first be divided into the part belonging to the wife, and then the remaining part shall be divided according to the will left by the husband.
Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance of the estate shall be in the following order:
1) First order: spouse, children, parents;
2) Second order hail: siblings, grandparents, maternal grandparents. After the succession 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.
Common legal knowledge: Is the house bought before marriage considered the joint property of the husband and wife?
According to Article 1062 of the Civil Code, the following property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: >>>More
1. The house bought before marriage is registered in the name of the purchaser, and does not belong to the joint property of the husband and wife, but belongs to the personal property; >>>More
1. Whether the real estate purchased or acquired after marriage shall be recognized as the joint property of the husband and wife shall be determined according to the following different circumstances: >>>More
Legal analysis: The house bought at the time of divorce is purchased by which party pays for it, then it is determined that the house belongs to which party. Remarriage is already regarded as a new marital relationship, and the house purchased at the time of divorce is regarded as the personal property of the party before the remarriage, and is not regarded as the joint property of the husband and wife after the remarriage. >>>More