Property can be inherited by statutory inheritance or testamentary inheritance. If one of the parents is dead and the other is alive, half of the property jointly owned by the parents, that is, the house property, shall be allocated to the living party first, and the rest shall be the inheritance of the decedent.
Article 1153 of the Civil Code of the People's Republic of China stipulates that, unless otherwise agreed, half of the property jointly owned by the husband and wife shall be allocated to the spouse at the time of inheritance division, and the rest shall be the inheritance of the decedent.
If the estate is in the common property of the family, the property of others shall be divided first when the estate is divided.
Legal basis
Article 1153 of the Civil Code of the People's Republic of China [Identification of heritage] Unless otherwise agreed, half of the property jointly owned by the husband and wife shall be allocated to the spouse at the time of inheritance division, and the rest shall be the inheritance of the decedent.
If the estate is in the common property of the family, the property of others shall be divided first when the estate is divided.