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How to distribute the property after one spouse dies

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How to distribute the property after one spouse dies


        

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  • 2024-06-17 01:00:49

    If one of the husband and wife dies, the joint property of the husband and wife shall be divided first; The divided common property plus his personal property is the estate of the deceased party. If the deceased had a will before his death, it shall be stipulated in the will; If there is no will, legal succession. (1) Distribution of joint property between husband and wife

    Unless otherwise agreed, if the estate is divided, half of the property jointly owned by the husband and wife during the duration of the marriage relationship shall be allocated to the spouse first, and the rest shall be the estate of the decedent.

    (2) Distribution of the estate of the deceased spouse

    Successors in the same order shall generally inherit in equal shares. When distributing the estate, consideration shall be given to heirs who have special difficulties and lack the ability to work.

    When distributing the estate, a successor who has made major contributions to the decedent or who lives with the decedent may receive a larger share. If successors who are able and qualified to support them fail to fulfill their obligations, they shall, at the time of distributing the estate, be given no share or a small share.

    Legal basis

    Article 1127 of the Civil Code of the People's Republic of China [Scope of legal successors and order of succession] Inheritance of the estate shall be in the following order:
    (1) First order: spouse, children, parents;
    (2) The second order: brothers and sisters, grandparents, maternal grandparents.
    After the beginning of succession, the successor in the first order shall inherit, and the successor in the second order shall not inherit; If there is no successor in the first order, the successor in the second order shall inherit.
    The term "children" as used in this Part includes legitimate children, illegitimate children, adopted children and step children who are dependent.
    The term "parents" as used in this Part includes biological parents, adoptive parents and step parents who are dependent on each other.
    The term "brothers and sisters" as used in this part includes brothers and sisters of the same parents, half brothers and half sisters, adoptive brothers and sisters, and step brothers and sisters who have supported each other.

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