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How to distribute the joint property of husband and wife after one party dies

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How to distribute the joint property of husband and wife after one party dies


        

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  • 2024-06-26 21:00:48

    The method of distribution of the joint property of husband and wife after the death of one party is as follows: if the property right is obtained during the marriage duration, if the share is not clear, the living party will have 50% of the property right, the remaining 50% of the property right of the deceased party will be inherited by the spouse, that is, 25%, and the other 25% will be shared equally by the children and the parents of the deceased party.
    Legal basis:
    1. Article 26 of the Inheritance Law stipulates that, unless otherwise agreed, half of the jointly owned property obtained by the husband and wife during the marriage relationship shall be divided into the spouse's property and the rest shall be the inheritance of the decedent if the inheritance is divided. If the estate is in the common property of the family, the property of others shall be divided first when the estate is divided.
    2. Article 10 of the Inheritance Law stipulates that inheritance shall be carried out in the following order:
    First order: spouse, children, parents.
    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 mentioned in this Law includes legitimate children, illegitimate children, adopted children and step children who are dependent on them.
    The "parents" referred to in this Law include biological parents, adoptive parents and step parents who have supported or supported them.
    For the purposes of this Law, "brothers and sisters" include 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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