On the issue of marriage succession, how to regulate marriage inheritance

Joint property during the period of cohabitation is treated as general common property. If the order of death is presumed to be the same, there is no more inheritance between the two. Their joint property is subject to separate legal succession without a will or bequest.

You can file an action for confirmation of your rights in the joint property by the other party's successor. For details, you can consult an experienced lawyer, and of course, the cost of litigation should be taken into account.

In addition, the husband's siblings are only the second heirs and they have no right to inherit while their parents (the son's first heir) are still alive.

First of all, they are not husband and wife, there is no joint property to speak of, and now the state only recognizes registered marriages. If they live in a house that they bought together, they sell it for half of each parent, or if the house is owned by one of the parents, but the other party is paid the corresponding currency (half of the price of the house). They belong to the co-owners.

However, the premise is that there is evidence that the house was purchased jointly by both parties, such as the name on the title deed. Since they are not husband and wife, there is no so-called joint property, only personal property during their lifetime. If there is evidence that the house was purchased by both parties, it is just a dispute over the house.

But the way it is distributed is also as mentioned earlier.

The second is that the personal property of the husband during his lifetime is distributed as an inheritance, and it is only distributed to the man's family. The property of the woman during her lifetime shall be distributed by the woman's family.

The Supreme People's Court makes the following interpretations on issues related to the application of the Marriage Law by the people's courts:

Article 4 Where a man and a woman apply for marriage registration in accordance with the provisions of Article 8 of the Marriage Law, the validity of the marriage relationship shall be calculated from the time when both parties meet the substantive requirements for marriage as stipulated in the Marriage Law.

Article 5: Where a man and a woman who have not registered their marriage in accordance with the provisions of Article 8 of the Marriage Law but live together in the name of husband and wife and file a lawsuit with the people's court for divorce, they shall be treated differently

1) Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both a man and a woman have met the substantive requirements for marriage, it shall be handled as a de facto marriage.

2) After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to make up the marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship.

Article 6: Where a man and woman who have not completed marriage registration in accordance with article 8 of the Marriage Law and live together in the name of husband and wife, where one party dies and the other party claims the right to inherit as a spouse, it is to be handled in accordance with the principles of article 5 of this interpretation.

It is recommended to consult with a lawyer, you can go private first, so that both sides are more satisfied, and it is better than going to court, after all, it is the white-haired person who sends the black-haired person (woman).

It's private, one person and one half, because no one can tell what things are the man's and those are the woman's. It's better to be private, and you can have a lot of legal fees left.

In the absence of evidence on both sides, one and a half. It is best resolved through lawyer mediation.

Legal analysis: When dividing the estate, the heirs in strict accordance with the relevant laws and regulations of our country gender equality, pension and childcare, give priority to the interests of the heirs who lack the ability to work and have no livelihood, and advocate the spirit of mutual understanding, mutual concession, harmony and unity.

Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance of inheritance shall be 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 inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren. For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

1. First of all, if either party participates in the inheritance as the heir during the period of the marriage relationship, unless there is a special agreement on the testamentary succession, the inheritance belongs only to one of the husband and wife, excluding the spouse. In addition to this, the property acquired by either party by inheritance is the joint property of the husband and wife.

2. In another case, although one of the husband and wife participates in the inheritance as the heir during the marriage, but the inheritance is not divided between the heirs, if the husband and wife request a divorce at this time, the other party cannot claim to divide the inheritance that has not yet been inherited, and must wait until the inheritance is completed before claiming the division.

3. The third situation is also more common, that is, one of the husband and wife renounces the inheritance in the process of participating in the inheritance as the heir. According to the provisions of the judicial interpretation, the people's court will not support the spouse's claim for compensation for damage to their rights and interests.

4. [Legal basis].

5. According to Article 1153 of the Civil Code, unless otherwise agreed, when dividing the property jointly owned by the husband and wife, half of the jointly owned property shall be divided into the property owned by the spouse, and the rest shall be the inheritance of the decedent.

The provisions on marital inheritance shall be inherited in the order of the legal heirs, and the spouse shall be the first-order heir, and the property of one of the spouses shall be distributed to the property of the husband and wife, and the property of the decedent shall be divided. According to the provisions of Article 1127 of the Civil Code, the inheritance shall be carried out in the following order: (1) The first order of the letter and the limbs:

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 to inherit, the second-order heir shall inherit the pin.

According to Article 1153 of the Civil Code, unless otherwise agreed, when the property jointly owned by the husband and wife 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.