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Hello. You are not husband and wife anymore, and you can't share the property of the other person's family, because you have nothing to do with him in essence. There is no mention in the inheritance law that ex-wives have rights.
The Inheritance Law of the People's Republic of China came into force on October 1, 1985. In accordance with the provisions of the Constitution of the People's Republic of China, this Law is enacted to protect citizens' right to inherit private property. Inheritance begins when the decedent dies.
Article 10 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. 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.
Article 11: Where the children of the decedent die before the decedent, the descendants of the decedent's children are to inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.
Article 12: Where a widowed daughter-in-law has fulfilled the primary obligation to support her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she is to be the first-order heir.
Article 13: The share of inheritance inherited by heirs in the same order shall generally be equal.
Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.
Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.
If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.
Where the heirs agree through consultation, it may also be unequal.
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No, the man's real estate certificate is written in the name of the man's mother, and the house belongs to the man's mother, and the house is not owned by the man, but only his mother, and it is impossible for the woman to divide it.
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If only the name of the man's mother is written on the title deed, then you are not eligible to divide the property, regardless of whether you are divorced or not. Besides, you are divorced, and you don't have any financial affiliation, so you can't split a penny of the man's money.
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You are divorced, and you have no right to divide all the property after the man's death, let alone the property in the name of the man's mother.
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You are divorced and have nothing to do with the man, how can you divide the property? Impossible.
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If you get divorced, other people's things have nothing to do with you.
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Don't forget that the Chinese still live a productive life at home.
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Legal analysis: If the joint property of the husband and wife is used to purchase a house after marriage, even if it is only registered in the name of the man, it is also the joint property of the husband and wife, and the real estate is divided equally between the two parties in principle at the time of divorce. If it is purchased with the man's personal property before marriage and is only registered in the man's personal name, it belongs to the man's personal property, but if there is joint repayment of the loan after marriage, the part of the loan repayment and the part of the house appreciation belong to the joint property of the husband and wife, and the woman has the right to divide it.
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 and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in 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, 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 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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1. The divorced house is in the man's name, and will the woman get the property?
1. If the house is purchased or transported with the joint property of the husband and wife after marriage, even if it is only registered in the name of the man, it belongs to the joint property of the husband and wife, and the real estate is divided equally between the two parties in principle at the time of divorce. If it is purchased with the man's personal property before marriage and is only registered in the man's personal name, it belongs to the man's personal property, but if there is a joint repayment of the loan after the wedding shirt, the part of the loan repayment and the part of the house appreciation belong to the joint property of the husband and wife, and the woman has the right to divide it.
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 pre-marital property.
The following are pre-marital assets:
1. Premarital deposits belong to premarital property, there is no dispute, and it is not difficult to prove.
2. In the case of pre-marital real estate, if the property right registration has been completed before the marriage and is in the name of the self-processive, then the property right ownership is not disputed after the marriage, and the property of the husband and wife is different from the property relationship between ordinary subjects;
3. If the pre-marital income invested before marriage is determined to be pre-marital property, it is contradictory to the acquisition after marriage; If it is characterized as post-marital property, it is unfair to be the opposite of the pre-marital investment of one party.
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Summary. 1. Who is the first heir The legal heirs in the first order include: (1) spouse.
A spouse refers to a legal husband and wife who meet the requirements for marriage and have registered their marriage. In addition, couples who have been confirmed by the court to be de facto marriages also acquire spouse status. In order to solve the problems left over from history.
2) Children. Children include legitimate children, illegitimate children, adopted children, and dependent stepchildren. (3) Parents.
Parents include biological parents, adoptive parents, and step-parents in a dependent relationship. (4) In addition, according to the law, a widowed daughter-in-law who has fulfilled the main obligation of support to her in-laws and a widowed son-in-law who has fulfilled the main obligation of support to her parents-in-law may be the first legal heirs in the first order.
If the father's father is dead and the mother is still alive, will the woman be able to divide the father's estate in the event of divorce?
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<> hello, if the man's father is dead and the mother is still alive, the woman cannot share the father's estate in the event of divorce. Because the woman is not the first heir.
1. Who is the first heir in the first order of legal heirs includes: (1) spouse. A spouse refers to a legal husband and wife who meet the requirements for marriage and have registered their marriage.
In addition, couples who have been confirmed to be de facto marriages by the front court of the legal defeat also acquire spouse status. In order to solve the problems left over from history. 2) Children.
Children include legitimate children, illegitimate children, adopted children, and dependent stepchildren. (3) Parents. Parents include biological parents, adoptive parents, and step-parents in a dependent relationship.
4) In addition, according to the law, a widowed daughter-in-law who has fulfilled the main maintenance obligation to her in-laws and a widowed son-in-law who has fulfilled the main maintenance obligation to her parents-in-law can be the first legal heirs.
If she says that the man inherits half the inheritance of the woman, is this true?
Not true. It is the personal property of the man.
Oh, got it.
Well, this is very clear not to be fooled.
Hello this friend, if you have divorced then the real estate certificate belongs to the man, but the child follows the man, then in this case, if the inheritance is inherited by the child.
You can appoint a lawyer to take care of your case with full authority. Appoint someone else to appear in court on your behalf.
Yes, as long as the other party agrees, the house will be your joint property after adding your name.
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