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Whether men and women can inherit each other's property in de facto marriage

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Whether men and women can inherit each other's property in de facto marriage


        

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  • 2024-06-15 09:01:02

    In a de facto marriage, both men and women can inherit each other's property.

    If a man or woman who has gone through marriage registration in accordance with Article 1049 of the Civil Code and lives together in the name of husband and wife, and one party dies and the other party claims to enjoy the right of inheritance as a spouse, if it is determined that the marriage relationship is de facto, it may be handled according to the relevant provisions of inheritance as a spouse. In other words, if it can constitute a de facto marriage, both men and women have the right of inheritance, and they are the first heirs to each other as the other's spouse.

    Legal basis

    Article 1127 of the Civil Code of the People's Republic of China [Scope of legal successors and order of succession] Inheritance of the estate shall be in the following order:
    (1) First order: spouse, children, parents;
    (2) 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 used in this Part includes legitimate children, illegitimate children, adopted children and step children who are dependent.
    The term "parents" as used in this Part includes biological parents, adoptive parents and step parents who are dependent on each other.
    The term "brothers and sisters" as used in this part includes 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.

    You***

    2024-06-15 09:01:02

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