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Can children inherit father's property with their mother after divorce

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Can children inherit father's property with their mother after divorce


        

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  • 2024-06-27 07:00:48

    The second paragraph of Article 24 of the Marriage Law stipulates that parents and children have the right to inherit inheritance from each other. The first paragraph of Article 36 stipulates that the relationship between parents and children will not be dissolved due to the parents' divorce. After the divorce, whether the children are directly raised by the father or the mother, or whether the children of both parents inherit the inheritance after marriage is the joint property of husband and wife. According to the provisions of Article 17 of the Marriage Law, The following property acquired by husband and wife during the period of marriage shall be jointly owned by the husband and wife:
    (1) Salary and bonus;
    (2) Income from production and operation;
    (3) Income from intellectual property;
    (4) Property derived from inheritance or donation, except as provided for in Item 3 of Article 18 of this Law; (The property specified in the will or gift contract only belongs to the husband or wife;)
    (5) Other property that should be jointly owned. Therefore, the property inherited after marriage belongs to the property acquired during the marriage relationship. If the decedent does not specify that it belongs only to the husband or wife, it should belong to the joint property of the husband and wife. If the husband and wife have the following circumstances, Even the property acquired during the marriage relationship is not the joint property of husband and wife:
    (1) If a given will or a gift contract determines that the property belongs to one of the husband and wife, it cannot be divided as common property at the time of divorce. For example, before the death of the father of the man, it is clear in the will that the house will belong to one of the man after his death, excluding the rights of others. The house property acquired by the man based on testamentary succession cannot be divided as common property
    (2) Both husband and wife have an agreement. The Marriage Law stipulates that the husband and wife can make an agreement on the property, either before marriage or after marriage. The content of the agreement can set that the income of one party after marriage belongs to one party. The scope not included in the common property must be in writing
    (3) Premarital property The premarital property of one party should not belong to the scope of division at the time of divorce. Therefore, if one party can provide evidence to prove that the property that the other party requests to divide has been obtained before marriage, these properties will not belong to the scope of division at the time of divorce
    (4) Some of the specific properties that can only belong to one party, even if there is no agreement, cannot belong to the common property of the husband and wife. For example, medical expenses, living allowances for the disabled and other expenses obtained due to physical injury are mainly to protect the life of the injured party, so they cannot be divided as common property

    Two***

    2024-06-27 07:00:48

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