How did my stepmother and I divide the property after my father s death?

Article 5 of the Inheritance Law stipulates: "After the commencement of inheritance, it shall be handled in accordance with the 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. ”

Article 10 of the Inheritance Law stipulates: "The 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 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. ”

Paragraph 1 of Article 26 of the Inheritance Law stipulates: "Unless otherwise agreed, if the jointly owned property acquired by the husband and wife during the marriage relationship is divided, half of the jointly owned property shall be divided into the spouse's property and the rest shall be the inheritance of the decedent." ”

Article 33 of the Inheritance Law stipulates that: "The inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with the law, and the payment of taxes and debts shall be limited to the actual value of his estate." The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

If the heir renounces the inheritance, he may not be liable for repaying the taxes and debts that the decedent should pay in accordance with the law. ”

If there is no will or bequest maintenance agreement, the father's estate should be treated as a statutory succession. When dividing the estate, half of the property jointly owned by the husband and wife should first be divided into the stepmother's property and the rest should be the decedent's estate. The inheritance shall pay off the debts that the decedent shall pay off in accordance with the law, and the debts shall be paid off to the extent of the actual value of his estate.

If the heir renounces the inheritance, he may not be liable for repaying the debts that the decedent should pay off in accordance with law.

You are the sole heir to the pre-marital property, and you and your stepmother share the marital property. Misconduct has little impact on allocation.

If it is the biological mother, it cannot be distributed] It can be distributed if both parties agree and sign a contract. As for how to distribute it, it is up to you and your stepmother to discuss it yourself. A word of caution:

Your stepmother's misconduct has nothing to do with the distribution of property. There was one more thing I didn't notice. The pre-marital property belongs to you because you are the sole heir.

The marital property is shared between you and your stepmother.

The first step is to confirm whether your father has a will, and if there is a will, the proportion of property division shall be handled according to the will.

Step 2: If there is no will, confirm whether your father's house was purchased before or after your stepmother's marriage.

Provisions in the Law on Marriage on Community of Family Property:

Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by 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.

It is mainly acquired during the marriage relationship after the marriage is registered, and the scope includes:

1) Salary and bonus;

2) income from production and operation;

3) income from intellectual property rights;

4) property acquired by inheritance or gift;

5) One-time expenses such as demobilization allowance and self-employment allowance in the name of the soldier;

6)**, bonds, investments**, etc. are valuable**;

7) The amount of capital contribution, shares and sole proprietorship of the company.

If the property of the father and the ex-wife (who died of illness) is not divided, then the pre-marital property of the father and stepmother belongs to your father and the ex-wife, and the father has no right to dispose of all the property of the ex-wife, and the property of the ex-wife is divided equally among the children.

The father and the stepmother have half of the joint property after marriage. The remaining half is inherited by the stepmother and the children.

Inheritance of children: After deducting half of the marital property between the mother and the father, the father and the children will share the part equally After deducting half of the marital property between the stepmother and the father, the stepmother and the children will share the part equally.

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If there is no will, it will be carried out according to the legal inheritance, and the stepmother and the stepmother are the first in line of succession, and in principle, it is divided equally. That is, in addition to the personal property before the marriage, the other half of the joint property of the husband and wife is the inheritance, which is divided with the stepmother. Statutory succession is a form of inheritance other than testamentary succession in which the estate is transferred to the heirs in accordance with the direct provisions of the law.

Legal basis] Article 1127 of the Civil Code, inheritance shall be carried out 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. If there is no first-order heir, the second-order heir shall inherit.

Summary. Hello dear and happy to answer for you. When the father dies, the stepmother and the children divide the property in this way:

According to the provisions of the Civil Code of the People's Republic of China (effective as of January 1, 2021) on the division of joint property and personal property, if the salary, bonus, production and operation income, intellectual property rights, etc. of the husband and wife during the existence of the marital relationship belong to the joint property of both parties, the stepmother has half of the inheritance right, and the children have half of the inheritance right.

When the father dies, how do the stepmother and children divide the property?

Hello dear and happy to answer for you. If the father dies and the stepmother and children distribute the property in this way: According to the provisions of the Civil Code of the People's Republic of China (effective as of January 1, 2021) on the division of common property and personal property, if the salary, bonus, production and operation income, intellectual property rights, etc. during the marriage relationship of the husband and wife belong to the joint property of both parties, the stepmother has half of the inheritance right, and the children have half of the inheritance right.

Hello dear dear, after the death of a citizen, if the inherited property belongs to the citizen's personal property, it should be inherited jointly by the citizen's wife (which must be registered in accordance with the law), parents and children, and in principle, it should be divided equally in Minzhen. 1. If the inherited property belongs to the joint property of the citizen and his wife, the remaining half shall be divided equally by the wife, parents and children of the citizen, except for the half due to the wife. 2. When the property is divided, the house is difficult to divide and live in, and it can be divided by means of economic compensation.

In the case of marital property, the stepmother has half of the property, the children share the other half, and the pre-marital property belongs to the individual. When the father dies, the stepmother and the son also have the right to inherit, which belongs to the father's personal property during his lifetime, the son and the stepmother divide it equally together, and the stepmother's joint property after marriage, half of which is used as the inheritance, and the stepmother and the stepmother share it equally, and the other half belongs to the stepmother's general equal distribution. Only the property left by the father is divided, and the joint property of the stepmother and the father and the personal property of the stepmother cannot be divided<>

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For this question, I think that if your father knows that he has passed away, how will the stepmother and children divide the property, first look at this, how did the property come about, whether it is their pre-marital property, or is it joint property, this is different, for example, pre-marital property, this should be inherited by you, then the joint property, you and her daughter, jointly inherited, then it means that this should also be divided into first-order heirs, his first succession, should be his friends, and then their children, that isIf you inherit this property, the first one, he deserves a share, his stepdaughter, a share, and then you are, a share for yourself, this is the procedure for inheriting property, which is also prescribed by law. But this should be divided into urban and rural areas, if the city, this property can also be divided into three parts, if it is in the countryside, this property property should be, give you empty Mengxin, because you are a boy, then according to the regulations of the countryside, as long as the man reaches the age of 18, you can give you a homestead, so who is the name of this Zhai Bureau at the beginning, if it is your name, it is yours, because in the countryside, even if the girl grows up to 18 years old, 20 years old will not give her the homestead bucket wheel, so this homestead should be yours. Let a picture of your parents asking for property, is there still a two-room companionship?

It can be divided equally by three points, if it is a debt, there are three people to bear it together, for example, 1 million is given, then one point is 330,000 points, this debt to bear, that is to say, when dividing property, you can't only divide the property without dividing the debt, but also can be divided, three people to bear it together, on this issue in general, the law is quite clear, that is, the poor monks of the museum or? Regardless of whether you are a biological child or an adoptee, then both property and debt are jointly bearable

If the father dies, how to inherit the father's estate depends on the actual situation.

After the father's remarriage, the father's estate is made up of the father's personal property before the marriage plus half of the joint property of the husband and wife after the remarriage (the other half belongs to the stepmother). The father's estate is inherited by the father's heirs:

1. Testamentary succession.

If the father made a will during his lifetime, he will inherit it according to the heirs named in the father's will. There is no source in the father's will, and other legal heirs who are included in the designated inheritance are not entitled to inheritance;

2. Statutory succession.

If the father did not make a will during his lifetime, it will be handled according to the legal inheritance, that is, it will be inherited by the legal heirs of the father's estate, that is, it will be inherited by the stepmother, children and grandparents after the remarriage of Chai Peng.

The share of inheritance can be negotiated or divided equally, and if the negotiation fails, the equal distribution is also disputed, and the inheritance can be sued to the court.

In the event of the death of the father, the father's first heir, spouse, children and parents, and the stepmother shall inherit the estate jointly with the spouse and children.

Look at whether the property is a personal property or a joint property of the husband and wife, and if the personal property is a personal property, the stepmother and several children share it equally; In the case of joint property, half of the property goes to the stepmother, and the remaining half of the recipient's stepmother is divided equally with the children.

When the father dies, then the father's property belongs to the widow's group, and is inherited by the father's first heir or spouse, children and parents, and the stepmother inherits the property together with the children. The band does.