How to distribute the premarital property when the spouse dies

1、 Death of spouse prenuptial property How to allocate

If the spouse dies, both the husband and the wife have Division of property If the agreement is reached, the husband's premarital property will be divided according to the agreement, and the property belonging to the deceased party will automatically belong to the inheritance;

from heir Carry out corresponding inherit ； If there is no property division agreement between the husband and wife, the premarital property of the deceased party will enter automatically Inheritance Procedure Estate distribution 。

No will or legacy and support agreement According to Legal succession The order of division and statutory succession is:

（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.

《 Civil Code 》Article 1127

The estate shall be inherited 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 child , adopted children and support The stepchild of the relationship.

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.

II prenuptial agreement How to divide notarized property

The prenuptial property agreement was not notarized, and the property was divided according to the agreement. Both men and women may agree that the property acquired during the period of marriage and the pre marital property shall belong to their own, joint, or part of their own, part of their joint ownership. The agreement shall be in writing. The agreement made by the husband and wife on the property acquired during the marriage relationship and the pre marital property shall be legally binding on both parties.

Article 143 of the Civil Code of the People's Republic of China

Civil juristic acts that meet the following conditions are valid:

（1） The actor has corresponding civil capacity;

（2） True declaration of intention;

（3） No violation of laws and administration statute The mandatory provisions of the law do not violate the public order and good customs.

Article 1065

Both men and women may agree that the property acquired during the marriage relationship and the premarital property shall belong to their own ownership, joint ownership or part of their own ownership or part of their joint ownership. The agreement shall be in writing.

The agreement made by the husband and wife on the property acquired during the marriage relationship and the pre marital property shall be legally binding on both parties.

The husband and wife agree that the property acquired during the marriage relationship shall belong to each other, and the husband or wife shall bear the external liability debt If the other party knows the agreement, it shall pay off with the personal property of the husband or wife.

3、 Civil Code pre-marital property notarization How to allocate widows

Premarital property notarization and distribution of widows: confirm the specific ownership of the premarital property. If the personal property of the deceased does not write a will, divide the deceased's estate according to legal inheritance. If the parties agree in writing that the premarital property shall be jointly owned, then, unless otherwise agreed, half of the property jointly owned shall be allocated to the spouse, and the rest shall be the inheritance of the decedent, and then it shall be treated as inheritance.

Article 1123 of the Civil Code of the People's Republic of China

After the beginning of succession, it shall be handled in accordance with statutory succession; If there is a will, according to Testamentary succession Or bequest; If there is a legacy maintenance agreement, it shall be handled in accordance with the agreement.

Article 1153

Unless otherwise agreed, half of the property jointly owned by the husband and wife shall be allocated to the spouse at the time of division of the estate, and the rest shall be the estate 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.

From the above contents, we can know how to deal with the problem of how to distribute the premarital property when the spouse dies. In real life, we may face many legal problems, so we should learn more about legal knowledge, so that we can better solve these problems through law. The legal knowledge The content is only for reference. If you have other questions, you can click the "Now" button below to consult the professional lawyer Help for.