Can a daughter divide the family property after marriage?

At a time when equality between men and women has been deeply rooted in the hearts of the people, this problem is really embarrassing, and of course married daughters can share the family property!

But Yue Shijun wants to emphasize that there are special circumstances that must also be distinguished.

First, the division of family property has been carried out before or at the time of marriage

Generally, the elderly are old and gather their children to divide the property together, and at this time, there will be the problem of how to divide the family property when the daughter is married.

However, in some families, a certain share of the children is given to them before or when they become a family, so that each child gets his or her share of the property, and the daughter who marries does not have to divide the family property.

Second, the agreement between the children

Although urban families are rare, in rural families, there is actually a rule that parents live with one of their children, and most of the parents' property is left to the children who are responsible for taking care of them.

In this case, after the daughter got married, she did not fulfill her main maintenance obligations, and she also knew the rules of the family, so naturally there was no such thing as dividing the family property.

Third, the conditions for marrying a woman are superior

This situation is actually not uncommon, that is, the family conditions are generally or even not very good, the daughter is married to a very good family, the conditions are greatly improved, not only do not need any additional subsidies from the family, but to give the family a lot of financial support.

Although the parents also have a little savings in the family, in the eyes of the married daughter, it is a drop in the bucket, under normal circumstances, this daughter will not compete with other brothers for the family property, because she does not need one, and the other she has to find a way to make her family live better, and the money and energy are not less than the family property.

Having said so many special circumstances, Yue Shijun still wants to emphasize one point, that is, men and women are equal, married daughters are one of the children, and parents must not favor one over the other.

This depends on the specific situation:

1. If the family property is the joint property of the parents, and the parents are alive, the parents have the right to divide the family property in order to facilitate their lives, to facilitate their children to take care of themselves, or to avoid disputes between their children, and this division is completely in the will of the parents, that is to say, the parents can give the family property to whomever they want, they can give it to their daughters, they can give it to their daughters, they can give it to their sons, they can give it to their sons, or they may not give it to their sons, that is to say, they come completely according to the wishes of the elderly.

Second, if the formation of the family property has a daughter to contribute money and efforts, then when the family property is divided, the family property is not only the parents', as the daughter pays the money, the family property has a daughter's share, and the parents have to consider this matter when dividing the family, and score the daughter, of course, if the daughter agrees to give up is another matter, if there is no waiver, then there must be a daughter's share.

3. If the form of the family property is in the form of the parents' inheritance, if the parents have not left a will, then the family property is the inheritance of the parents, and if there is no will, it is according to the legal inheritance, that is, the first order of legal inheritance stipulated by the law is the husband or wife, parents, children, that is to say, the children of the daughter as parents should be inheritable to the family property. Of course, it's okay if the daughter gives up, but if she doesn't give up, she must also have a share of the daughter.

Now the society, the countryside has generally begun to adapt to the equality of men and women, boys and girls are the same, parents will not completely give only the family property to the son when separating the family, but also consider the daughter's share, compared with the previous distribution method is more in line with the law, more in line with the saying that daughters and sons are the same.

When I saw this question, I was simply stunned, is it true that after my daughter gets married, she will no longer be your daughter? Doesn't there be a maintenance obligation for you?

Although we have been emphasizing the equality of men and women, it is true that there is no way to be completely equal from real life. This may not be the case in an only child. But from my colleagues who have siblings around me, I feel a lot.

She only keeps pocket money for a month, and all the rest of her income is handed over to her parents, and her parents often cry poor and ask her for money. When my younger brother wants to buy a house and a car, he can come up with a large amount of money at once. He also said that after the demolition, all their family property would be given to his younger brother.

We were all stunned when we heard it, isn't our daughter our own child? Later, my colleague was ready to save money to buy a house on his own, but his parents didn't support it, and said that he would get married sooner or later, so what was he wasting that money for.

In a very realistic modern society, it is not only the financial resources of girls to pick men, but also the financial resources of many men when choosing a wife, and they do not want to increase their burdens when life is not easy. Don't you only care about your son's life and don't think about your daughter's happiness?

In modern society, medical problems are a huge problem, can you guarantee that you will not look for your daughter when you encounter all problems in the future? Can the son carry it? Won't the daughter-in-law make trouble?

At this time, if the girl didn't give me a share of the property back then, I don't have any responsibility. How would you feel in your heart?

So I think that now that there are so few children, there should be no boys and girls, and from the perspective of parents, they must be evenly distributed, so as for each other's humility to each other, that's their business. There is no division of property among children, nor does the obligation of maintenance. We used to grow up with big hands holding small hands, and we should be the closest people, no matter what problems we encounter, we help each other.

Don't damage the relationship between your relatives because of a little property, and know that united brothers and sisters are the greatest wealth you leave to them.

According to the relevant provisions of China's Civil Code, the right of inheritance is equal between men and women, and daughters have the right to inherit the estate as the first-order heir.

Legal basis: Article 1126 of the Civil Code of the People's Republic of China provides that men and women are equal in inheritance rights.

Article 1127 of the Civil Code of the People's Republic of China The inheritance of inheritance shall be in the following order: (1) the 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.

The married daughter should divide the family property. Blood ties don't change. The first heirs to the estate are spouses, parents, and children, and men and women have equal inheritance rights, and daughters have the right to inherit their parents' estates regardless of whether they are married or not.

2. Does a married woman have the right to inherit her parents' estate?

In accordance with the provisions of the Civil Code on the principle of equality between men and women, both sons and daughters, and daughters, whether married or unmarried, have equal rights when inheriting their parents' estates. If the parents leave a valid will or agreement specifying that the estate will be inherited by someone other than the daughter, it shall be handled in accordance with the will or bequest agreement, and the daughter cannot inherit it. If the parents do not leave a valid will or bequest agreement, the married daughter has the right to inherit the parents' estate when the legal inheritance is used.

In practice, the following issues should be noted: 1. Confirm that a married daughter has the legal right to inherit the estate of her parents, but when determining her share of the estate, the amount of the daughter's obligations to her parents should be considered. 2. When a daughter marries, the dowry or dowry given to the daughter by the parents is a gift, and cannot offset the inheritance share of the parents' estate.

3. Does the daughter have the right to inheritance?

The daughter has the right to inherit the estate. The first heirs of legal succession include spouse, children and parents, and children here include legitimate children, illegitimate children, adopted children and dependent stepchildren, that is, as long as the daughter is the child of the decedent, after the death of the decedent, the daughter should also have the right to inherit and can inherit the inheritance left by her parents. Therefore, the daughter has the right to inherit the estate, and as long as the daughter has not lost the right to inheritance, after the death of her parents, she shall inherit the inheritance in accordance with the relevant regulations.

1. Do children have the right to inherit the property of their parents?

Inheritance rights are equal for men and women, and children have equal rights to inherit the estate of their parents, whether they are sons or daughters, married or unmarried.

If the inheritance right is infringed, the party concerned may file a lawsuit with the court within three years.

The meaning of equality between men and women in inheritance is:

1) Men and women have equal inheritance rights, and there is no difference due to gender differences.

2) Husband and wife have equal rights in inheritance, have the right to inherit each other's inheritance, if one of the spouses dies and the other party remarries, they have the right to dispose of the inherited property, and no one shall interfere.

3) In terms of the scope of heirs and the order of legal succession, men and women are equally related, and paternal and maternal relatives are equal.

4) In subrogation, men and women have equal rights of subrogation, which applies to the patrilineal line of subrogation as well as to the maternal line.

The married daughter is also the legal first in line to the throne and has the right to share the inheritance.

Article 10 of the Inheritance Law states that 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 inherit;

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 "late siblings" as used in this Law includes brothers and sisters of the same parents, half-siblings or half-siblings, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.