Do I still have the right to inherit my former spouse after a divorce?

On the question of whether a divorced spouse has the right to inherit, there are still some people who are not clear, and everyone knows that the spouse has the right of inheritance in the first order. Article 10 of China's Inheritance Law stipulates that the inheritance of inheritance shall be 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 so-called divorced spouse means that both parties have gone through divorce formalities at the marriage registration office or proved that the marriage relationship has been dissolved by the parties through effective court documents, that is, they do not have a husband and wife relationship in law.

Inheritance rights can be specified or specified through statutory inheritance, wills, bequests, maintenance agreements. If there is no husband and wife relationship, the right of inheritance cannot be obtained through legal inheritance, and the right of inheritance can be enjoyed by considering whether there is a medical will, bequest and maintenance agreement, etc. Legal basis:

Article 10 of the Inheritance Law of the People's Republic of China The inheritance shall be inherited 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.

Don't think about money all day long Think about yourself in the first half of the night, and think about others in the second half of the night.

Legal analysis: After the divorce of the spouse, there is no legal inheritance, but if the inheritance is will, it is still possible. If there is no husband and wife relationship, the right of inheritance cannot be obtained through legal inheritance, and the right of inheritance can be enjoyed by considering whether there is a will, bequest and maintenance agreement, etc.

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 1079:Where one of the husband's hidden wives requests a divorce, the relevant organizations may conduct mediation or directly initiate divorce proceedings in the people's courts.

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, a divorce shall be granted:

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 divorce proceedings again, the divorce shall be granted.

Article 1122 An inheritance is a personal lawful property left behind at the time of the death of a person in a natural collapse.

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 inheritance, it shall be handled in accordance with the 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.

A divorced spouse has no right to inheritance. A divorced spouse refers to a spouse who has gone through divorce formalities at the marriage registration office or proved that the marriage relationship has been dissolved by the parties through an effective court document, and does not have a husband and wife relationship, and cannot obtain inheritance rights through legal inheritance. However, it may be considered to enjoy the right of inheritance through a will, bequest and maintenance agreement, etc.

Legal basis Article 1127 of the Civil Code provides that the inheritance of the estate 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. If there is no first-order heir, the second-order heir shall inherit. The above is the relevant answer to the question and the legal basis of the erup, you can read it carefully. ”

If you are divorced, you can't inherit it.

After the divorce, the relationship between the parties is extinguished, and the inheritance rights between the parties are also extinguished. However, the relationship between the child and the parents has not been extinguished, so the child still has the right to inherit the property of the parents.

Article 1084 of the Civil Code stipulates that the relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

Paragraphs 1 and 2 of Article 1127 stipulate that the inheritance shall be in the following order:

1) First order: spouse, children, parents;

2) Second order: siblings, grandparents, maternal grandparents.

After the succession begins, the first-order successor will inherit the holder, and the second-order heir will not inherit; If there is no first-order heir, the second-order heir shall inherit.

Civil Code of the People's Republic of China

Article 1084.

The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

The Civil Law of the People's Republic of China Reed Bark Roundbook

Article 1127.

The estate is inherited in the following order:

a) First order:

Spouse, children, parents.

2) The second order of the collapse of the collapse:

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.