Legal Express > Knowledge Album > Law of succession > Is the property inherited by one party the joint property of husband and wife

Is the property inherited by one party the joint property of husband and wife

Official sorting of Legal Express Updated: 2021-07-08 14:56:44 zero People browsing

Reading guide:

It is a truth that we all know that parents cannot accompany us all our lives. However, most parents leave after their children get married. If they inherit their parents' inheritance at this time, how should they divide it in marriage? Next, a small editor of the Legal Express will sort out the knowledge for you. Welcome to browse.
 Is the property inherited by one party the joint property of husband and wife
  • It is a truth that we all know that parents cannot accompany us all our lives. However, most parents leave after their children get married. If they inherit their parents' inheritance at this time, how should they divide it in marriage? Today's edition of the Law Express will answer the question whether the property inherited by one party belongs to the joint property of the husband and wife.

    1. If there is no agreement between the husband and wife on whether the inheritance of both parties belongs to the joint property of the husband and wife, then the inheritance of one party after marriage belongs to the joint property of the husband and wife.

    2. It depends on whether there is a will, and the will clearly stipulates that the inheritance belongs to the husband or wife.

    According to the Marriage Law, the following property acquired by the husband and wife during the marriage relationship 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 have equal rights to dispose of jointly owned property.

    The above is the answer to whether the property inherited by one party belongs to the joint property of husband and wife. Thank you for reading!

  • Article 17 of the Marriage Law stipulates the scope of property that should be jointly owned by the husband and wife if obtained by one of the spouses during the marriage relationship, including property acquired by inheritance or donation during marriage.

    The inheritance obtained by one of the husband and wife according to legal inheritance during the marriage period belongs to the husband and wife, and this part of property needs to be divided in the future when both parties divorce.

    At the same time, the Marriage Law also stipulates the scope of the husband and wife's personal property, including the determination in the will or gift contract that only the husband or wife owns the property; That is to say, the decedent makes it clear in his will that his inheritance is only for his children. In this case, the inheritance belongs to the individual, and the husband and wife will not be divided when they divorce in the future.

    To sum up, whether the inheritance in marriage belongs to personal property depends on whether the deceased left a will before death, and clearly stated in the will that it is only for his children. If the estate specified in the will is left to his children, it is personal property; Otherwise, it belongs to common property.

  • Generally speaking, the inherited property belongs to the joint property of husband and wife, but the property determined by the will to belong to only one party does not belong to the joint property of husband and wife. The property acquired by the husband and wife during the period of their marriage is their common property, and both parties have equal rights to deal with it. Legal basis: Article 1062 of the Civil Code of the People's Republic of China, which will come into force in 2021, the following property acquired by the husband and wife during the period of marriage is the joint property of the husband and wife, and shall be jointly owned by the husband and wife: (1) wages, bonuses, labor remuneration; (2) Income from production, operation and investment; (3) Income from intellectual property; (4) Inherited or donated property, with the exception of the third item of Article 1063 of this Law; (5) Other properties that should be jointly owned. Husband and wife have equal rights to dispose of their common property.
  • It is a truth that we all know that parents cannot accompany us all our lives. However, most parents leave after their children get married. If they inherit their parents' inheritance at this time, how should they divide it in marriage? Today's edition of the Law Express will answer the question whether the property inherited by one party belongs to the joint property of the husband and wife.

    1. If there is no agreement between the husband and wife on whether the inheritance of both parties belongs to the joint property of the husband and wife, then the inheritance of one party after marriage belongs to the joint property of the husband and wife.

    2. It depends on whether there is a will, and the will clearly stipulates that the inheritance belongs to the husband or wife.

    According to the Marriage Law, the following property acquired by the husband and wife during the marriage relationship 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 have equal rights to dispose of jointly owned property.

    The above is the answer to whether the property inherited by one party belongs to the joint property of husband and wife. Thank you for reading!

  • Article 17 of the Marriage Law stipulates the scope of property that should be jointly owned by the husband and wife if obtained by one of the spouses during the marriage relationship, including property acquired by inheritance or donation during marriage.

    The inheritance obtained by one of the husband and wife according to legal inheritance during the marriage period belongs to the husband and wife, and this part of property needs to be divided in the future when both parties divorce.

    At the same time, the Marriage Law also stipulates the scope of the husband and wife's personal property, including the determination in the will or gift contract that only the husband or wife owns the property; That is to say, the decedent makes it clear in his will that his inheritance is only for his children. In this case, the inheritance belongs to the individual, and the husband and wife will not be divided when they divorce in the future.

    To sum up, whether the inheritance in marriage belongs to personal property depends on whether the deceased left a will before death, and clearly stated in the will that it is only for his children. If the estate specified in the will is left to his children, it is personal property; Otherwise, it belongs to common property.

  • Generally speaking, the inherited property belongs to the joint property of husband and wife, but the property determined by the will to belong to only one party does not belong to the joint property of husband and wife. The property acquired by the husband and wife during the period of their marriage is their common property, and both parties have equal rights to deal with it. Legal basis: Article 1062 of the Civil Code of the People's Republic of China, which will come into force in 2021, the following property acquired by the husband and wife during the period of marriage is the joint property of the husband and wife, and shall be jointly owned by the husband and wife: (1) wages, bonuses, labor remuneration; (2) Income from production, operation and investment; (3) Income from intellectual property; (4) Inherited or donated property, with the exception of the third item of Article 1063 of this Law; (5) Other properties that should be jointly owned. Husband and wife have equal rights to dispose of their common property.
  • Some people always give up more for the sake of their families. At the same time, the relationship between husband and wife in China is not equal. How to divide the common property of husband and wife? If the property accidentally obtained by the husband and wife in the process of the husband and wife relationship, does it belong to the joint property of the husband and wife? Today, the legal issue discussed by the editor of the Legal Express is whether the property inherited by one spouse belongs to the common property of the husband and wife. 1、 What is the joint property of husband and wife? The joint property of husband and wife refers to the property jointly owned by husband and wife during the existence of husband and wife relationship. The so-called duration of the husband wife relationship refers to the period from marriage to the death of one party or before divorce, during which the property obtained by the husband and wife, unless otherwise agreed, belongs to the joint property of the husband and wife. Husband and wife have equal rights to dispose of jointly owned property. The consent of the spouse shall be obtained for the disposal of the property of the husband and wife during their existence. 2、 Is the property inherited by one spouse the joint property of the husband and wife; However, if it is determined in the will or gift contract that the house property belongs only to the husband or wife, it does not belong to the joint property of the husband and wife. 2. Marriage Law No
  • Hello, I'm lawyer Chen Yanhong, a special guest of Law Express. Here is the answer to the question of whether inheritance is the joint property of husband and wife.

    Article 17 of the Marriage Law clearly stipulates that the following property acquired by the husband and wife during the period of their marriage relationship shall be jointly owned by the husband and wife: the property acquired through inheritance or gift in the fourth paragraph, except as provided in Item 3 of Article 18 of this Law;

    Article 18 of the Marriage Law clearly stipulates that under any of the following circumstances, it shall be the property of one of the husband and wife: the property specified in the will or gift contract in the third paragraph shall belong only to the husband or wife;

    Therefore, it belongs to the joint property of husband and wife, except for the property determined in the will to belong only to the husband or wife.

    The above is my answer, I hope it can help you, thank you!

  • In marriage, it is inevitable to involve property issues, so how to determine the ownership of property in marriage? In fact, there are certain defining standards. There are regulations on which properties belong to the joint property of the husband and wife, and which properties belong to the personal property of the husband and wife. Next, we will learn about the legal scope of the joint property of the husband and wife. 1、 The legal scope of the joint property of husband and wife 1. Wages and bonuses. The "wages and bonuses" here should be understood in a broad sense, generally referring to wage income. In fact, the basic salary is only a part of personal income. In addition to the basic salary, there are various forms of subsidies, bonuses, benefits, and even a certain range of physical distribution. These incomes belong to the scope of the common property of husband and wife. 2. Income from production and operation. Production and business operation means that one or both of the husband and wife are engaged in industrial and commercial operations under the name of individual industrial and commercial households in accordance with the approved registration; In accordance with the provisions of the contract, engage in commodity management in the name of rural contracted management; Engage in partnership in the name of individual partnership; Engage in production and business activities in accordance with the provisions of the Sole Proprietorship Law or the Company Law. If the husband and wife invest with their common property after marriage, the income from the joint operation of one or both parties should belong to the joint property of the husband and wife

Copyright description: Legal Express has the exclusive copyright of the article, and it is not allowed to copy and reprint the article in any form without permission. If any, click Complaint Inform.

Relevant knowledge recommendation