According to the new Marriage Law, if a person marries after the implementation of the new law, his or her premarital property is recognized as personal property without notarization, and his or her ownership does not change with the continuation of the marriage relationship. Therefore, in the context of the "new law", when dividing the "marital property", it is not as simple as the "total marital property".
When legal inheritance is carried out, the "shared property of husband and wife" shall be divided first. Half of the wife, half of the husband, and half of the husband shall be inherited by the legal heir of the husband in turn. The first heir in line is the wife, the natural child.
If married 10 years ago, the old marriage law defines the marital property and premarital property as follows
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;
（5） Other properties that should be jointly owned.
Husband and wife shall have equal rights to dispose of jointly owned property. "
Article 18: "Under any of the following circumstances, it shall be the property of the husband and wife:
（1） Premarital property of one party;
（2） Medical expenses, living allowance for the disabled and other expenses received by one party due to physical injury;
（3） The property determined in the will or gift contract to belong to the husband or wife only;
（4） Daily necessities for one party;
（5） Other property that should belong to one party. "
If we got married 10 years ago, the house should be the property before marriage and should belong to the man's children
Legal basis:
Article 10 of the Inheritance Law of the People's Republic of China shall inherit the estate 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.
