Property inherited from the mother after marriage is not considered joint property

Of course it's not common, it's the new marriage law now, the pre-marriage and the post-marriage are very clear, this is only what you are qualified to have, don't worry, I'm studying law.

Not counted. Your pre-marital property.

New Marriage Law:

Article 17 The following property acquired by husband and wife during the existence of the marital relationship (after marriage) shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

1) the pre-marital property of one of the parties; (Note: It shall not be converted into joint property of husband and wife due to joint use and joint management after marriage).

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property 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 unclear, the provisions of articles 17 and 18 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 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 third party, the debts shall be paid off with the property owned by the husband or the wife.

The previous judicial interpretation of the Supreme People's Court that immovable property was converted into joint property in eight years, and movable property in four years was invalid).

The real estate is compared with the time of the house property certificate and the time of the marriage certificate, and the time before the marriage certificate is regarded as personal property, and the time of the invoice for household appliances shall prevail.

Notarization is not required, and the notarization fee is relatively expensive, generally 2% of the value of the subject matter

If you need to make a post-marital agreement on a property after marriage, you can go to a notary office to notarize it (recommended by the notary's assistant).

The inheritance of the parents' property after marriage is the joint property of the husband and wife. However, unless it is expressly donated to one person in the will, the real estate acquired by one or both parties as a result of inheriting the estate and accepting the gift during the existence of the marital relationship shall be the joint property of the husband and wife, and if it is determined in the will or gift contract that the real estate belongs to only one of the husband or wife, it shall not belong to the joint property of the husband and wife.

The following are the joint property of the husband and wife:

1. Salary and bonus;

2. Income from production and operation;

3. Intellectual property benefits actually obtained after marriage or clearly available after marriage;

4. Inherited and donated property;

5. The income obtained by one party from the investment of personal property;

6. Housing subsidy, housing provident fund, endowment insurance, and bankruptcy settlement compensation actually obtained or should be obtained by both husband and wife;

7. The amount of one-time expenses such as demobilization allowance and self-employment allowance for military personnel shall be multiplied by the annual average value of the duration of the marital relationship, and the amount obtained shall be joint property.

The following are the personal property of the husband and wife:

1. One party's pre-marital property;

2. Medical expenses, living allowances for the disabled, and other expenses obtained by one party due to bodily injury;

3. The property that is determined in the will or gift contract to belong to only one of the husband or wife;

4. Daily necessities for one party;

5. Soldiers' insurance premiums, disability subsidies, and medical living allowances.

Legal basisArticle 1062 of the Civil Code of the People's Republic of China.

The following property acquired by the husband and wife during the marriage 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.

1. Is inheriting the property of the parents after marriage the joint property of the husband and wife?

1. Whether the property inherited from the parents after marriage belongs to the joint property of the husband and wife depends on the situation. The details are as follows:

1) The property inherited from the parents after marriage is the joint property of the husband and wife, unless it is expressly donated to one person in the will;

2) The real estate acquired by one or both parties due to inheritance and acceptance of gifts during the existence of the marital relationship belongs to the joint property of the husband and wife;

3) If it is determined in the will or gift contract that the property belongs to only one of the husband or wife, it is not the joint property of the husband and wife.

2. Legal basis: Article 1062 of the Civil Code of the People's Republic of China.

The following property acquired by the husband and wife during the marriage 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.

2. What is the evidence to prove that it is the joint property of the husband and wife?

1. If it is proved that there is a real estate, the real estate certificate or purchase contract, payment invoice or capital contribution certificate shall be submitted;

2. If it is proved that there is a bank deposit and apply for court investigation, the name of the opening bank and the bank account number shall be submitted, and if it is proved that there is a bank deposit and apply for court investigation, the name of the opening brokerage and the shareholder ** and the capital account number shall be submitted, and if there is a vehicle, the driving license and license plate number shall be submitted;

3. If it is proved that the other party has equity in the company, the company's industrial and commercial registration and proof of capital contribution shall be submitted;

4. If it is proved that one party has creditor's rights and debts, in addition to submitting an IOU, there must be relevant evidence to support it;

5. If it is proved that there is an agreement on the property of the husband and wife, the agreement and other relevant evidence must be submitted.

Property inherited after marriage is the joint property of the husband and wife. Articles 17 and 18 of the Marriage Law stipulate that property inherited or donated by husband and wife during the existence of the marriage relationship shall be jointly owned by the husband and wife. However, the property that is determined in the will or gift contract to belong to only one of the husband or wife is the property of one of the husband and wife.

Joint property of the husband and wife.

According to article 17 of the Marriage Law, the following property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Legal analysis: According to the regulations, if the parents do not specifically state that it is given to only one party, then it is the joint property of the husband and wife.

Legal basis: Article 1062 of the Civil Code The following property acquired by 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

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.

The property inherited from the parents after marriage is the joint property of the husband and wife, unless it is expressly gifted to one person in the will.

The real estate acquired by one or both parties as a result of inheritance and acceptance of gifts during the existence of the marital relationship is the joint property of the husband and wife; However, if it is determined in the will or gift contract that the property belongs to only one of the husband or wife, it is not part of the joint property of the husband and wife.

Legal basis: Article 1062 of the Civil Code The following property acquired by 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

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.

The property inherited from the parents after marriage is the joint property of the husband and wife, except in special circumstances. Generally speaking, the property inherited by the husband and wife after marriage shall belong to the joint property of the husband and wife, but at the time of inheritance, one of the husband and wife inherits according to the will, and in the will, it is indicated that the property belongs to one party, and the property inherited after marriage is regarded as personal property and is no longer counted as the joint property of the husband and wife. The joint property of the husband and wife shall be jointly owned by the husband and wife, and the husband and wife shall have equal rights to dispose of the joint property.

Civil Code of the People's Republic of China

Article 1062.

The following property acquired by the husband and wife during the marriage 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 1064.

Debts incurred by the husband and wife as a joint signature or a subsequent recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife. Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

This is not a common property, it belongs to an individual. Because only children have the right to inherit in the case of inheritance, and daughters-in-law or sons-in-law do not have the right to inherit, so the inherited property belongs to one person.

Not necessarily, if the parents do not have any explanation, it is the joint property of the husband and wife. If the parents have a will stating that it is for their children, it is personal property and does not belong to the joint property of the husband and wife.

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.

The property inherited by the man and the woman after marriage is the joint property of the husband and wife, unless the will of the parents specifically specifies it.

After marriage, the man and the woman each inherit the property of their parents, which is the joint property of the husband and wife in the absence of any agreement.

If the inheritance of the parents' property is divorced, the certificate of inheritance can be retained, and it is not counted as the joint property of the husband and wife, because this is a unilateral parental property gift!

As long as it is not inherited before the marriage, or the property agreed upon after the marriage, it is the joint property of the husband and wife.

As long as the parents do not state that the property is only given to one person, then the inherited property belongs to the joint property of the husband and wife.

Inheritance of parents' estate after marriage does not necessarily belong to the husband and wife. If the parents of the inheritor have a will or clearly state that the inheritance will only be inherited by their children, then the inheritance of the father's estate by the children is regarded as the personal property of one party and does not belong to the joint husband and wife; If not, it shall be counted as the joint property of the husband and wife.

Legal basis

Article 1062 of the Civil Code of the People's Republic of China The following property acquired by a 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: (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 the right to dispose of joint property, etc.

According to Article 1062 of the Civil Code, the following property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except for the lease provided for in Paragraph 3 of Article 1063 of this Law; (Property identified in a will or gift contract as vesting only in one of the husbands or wives; )

5) Other property that shall be jointly owned.

Therefore, the property inherited after marriage is the property acquired during the marriage relationship, and if the decedent does not indicate that it belongs to only the husband or wife, it should be the joint property of the husband and wife and shall be jointly owned by the husband and wife.

1. Circumstances that do not belong to the joint property of the husband and wife.

Even if the husband and wife acquire property during the marriage relationship, it is not a disturbance of the joint property of the husband and wife if they have the following circumstances:

1) Designated gifts.

Where a will or gift contract is determined to belong to one of the husband and wife, it cannot be divided as joint property in the event of divorce. For example, before the death of the man's father, he made it clear in his will that the house would be owned by the man after his death, excluding the rights of others. The property acquired by the husband on the basis of testamentary inheritance cannot be divided into joint property.

2) There is an agreement between the husband and wife.

The Civil Code stipulates that husband and wife may enter into an agreement on property. It can be a prenuptial appointment or a postnuptial appointment. The content may stipulate that the income of one party after marriage shall be owned by one party and shall not be included in the scope of joint property. It must be in writing.

3) Pre-marital property.

Naturally, a party's pre-marital property should not fall within the scope of division in divorce. Therefore, if one party can prove that the property claimed by the other party was acquired before the marriage, it is not included in the divorce division if one party can prove that the property claimed by the other party was acquired before the marriage.

4) Specific property that can only belong to one party.

Some property, even if not agreed, cannot be part of the joint property of the husband and wife. For example, medical expenses for bodily injury, living allowance for the disabled, and other expenses. These costs are mainly for the livelihood of the injured party and therefore cannot be divided as joint property.