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Whether the inheritance of the elderly belongs to the joint property of husband and wife

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Whether the inheritance of the elderly belongs to the joint property of husband and wife


        

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  • 2024-06-06 07:00:03

    Whether the parents' inheritance belongs to the joint property of husband and wife depends on the specific circumstances.

    If parents have determined in their wills that the estate belongs only to one of the husband and wife, then the estate does not belong to the joint property of the husband and wife. However, if it is not determined in the will that only one party belongs to the husband and wife, then it is the joint property of the husband and wife.

    [Legal Basis]

    Article 1062 of the Civil Code of the People's Republic of China states that the following property acquired by the husband and wife during the period of their marriage shall be the joint property of the husband and wife and shall be jointly owned by them:

    (1) Wages, bonuses and labor remuneration;

    (2) Income from production, operation and investment;

    (3) Income from intellectual property;

    (4) Inherited or donated property, with the exception of the third item of Article 1063 of this Law;

    (5) Other properties that should be jointly owned.

    Husband and wife have equal rights to dispose of their common property.

    M***

    2024-06-06 07:00:03

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