Property obtained by one or both parties from inheritance and donation during the duration of the husband wife relationship. The income from inheritance refers to the acquisition of property rights, not the actual possession of property.
 Even if the marital relationship is terminated without actual possession, as long as inheritance occurs during the duration of the marital relationship, the inherited property is also the joint property of the husband and wife, and can be divided as the joint property of the husband and wife when they divorce.
 If a spouse inherits an estate and the decedent leaves a will, clearly indicating that it belongs to the husband and wife only, then the estate belongs to the husband and wife. When couples divorce, they cannot be divided as common property.
 If, at the time of divorce, one of the husband and wife, as the legal heirs, can inherit the estate according to law, there is no actual division between the heirs, and since the estate has not been actually divided, it cannot be regarded as the joint property of the husband and wife.
 Only after the actual division can it become the joint property of the husband and wife and be divided.
 Therefore, the Judicial Interpretation of the Marriage Law
 （3） Article 15 clearly stipulates that during the duration of the marriage relationship, one of the husband and wife, as the heir, can inherit the inheritance according to law;
 If there is no actual division between the heirs, and the other party requests division when filing a divorce lawsuit, the people's court shall inform the party concerned to file a separate lawsuit after the actual division of the estate between the heirs.