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Anonymous users2024-02-16After the death of one of the spouses, unless there is an agreement, when the estate is divided, half of the jointly owned property shall be divided into the spouse's own, and the rest shall be regarded as the personal inheritance left by the deceased party, and then there will be different results depending on the circumstances
1. If one of the husband and wife has left a will before his or her death, the personal estate left by the deceased party shall be inherited by the heirs designated in the will.
2. If one of the husband and wife does not leave a will before his death, the personal estate left by the deceased party shall be inherited by his or her legal heirs in the first order, i.e., spouse, parents and children. The share of inheritance inherited by heirs in the same order shall generally be equal. However, heirs who have difficulties in living and lack the ability to work shall be taken care of when distributing the inheritance.
Of course, the heirs who have fulfilled the main obligation to support the deceased or who live with the decedent can divide the inheritance more when distributing the inheritance.
It is worth noting that when the estate is divided, the fetus's share of the inheritance should be retained.
Article 1122:Inheritance is the lawful property left behind by a natural person when he or she dies.
An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.
Article 1127 Inheritance shall be inherited 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.
Article 1130:The share of inheritance inherited by heirs in the same order shall generally be equal.
Heirs who have special difficulties in living and lack the ability to work 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.
Article 1153:Unless otherwise agreed, when dividing the property jointly owned by husband and wife, half of the jointly owned property shall first be divided into the spouse's property, and the rest shall be the decedent's estate.
Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.
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Anonymous users2024-02-151. After the death of the spouse, the property left behind belongs to the joint property of the husband and wife, so the property belonging to one of the living spouses in the joint property of the husband and wife should be divided first, which is usually half of the total property.
2. The remaining property and other property of the decedent shall be inherited according to the will as the inheritance of the deceased, and if there is no will, the spouse shall inherit the estate of the deceased together with other first-order heirs.
3. The order of inheritance is: first priority: spouse, children, parents, second priority: siblings, grandparents, maternal grandparents.
After the succession begins, it is inherited by the heirs of the first order, and if there are no heirs in the first order, the heirs of the second order inherit.
Legal basis] Article 1127 of the Marriage and Family Section of the Civil Code, the inheritance of inheritance is in the following order: first order: spouse, children, parents Second order: brothers and sisters, grandparents, maternal grandparents.
After the succession begins, it is inherited by the heirs of the first order, and if there are no heirs in the first order, the heirs of the second order inherit.
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Anonymous users2024-02-14The property acquired during the existence of the marital relationship shall be the property of He Chong, jointly owned by the husband and wife, unless otherwise agreed.
In the event of the death of one of the spouses, half of the jointly owned property shall be divided into the spouses, and the rest shall be the inherited estate, and then the inheritance shall be inherited by the spouse, parents and children of the deceased in the first order.
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