【1】Introduction
The husband and wife should leave first. How to distribute family property is already a troublesome thing. What's more, sometimes it involves the division of the family property of one parent.
Daughter-in-law and in-laws, son-in-law and parents-in-law seem to always have a kind of "special" family relationship.
- My parents-in-law said, you must serve us when you are a daughter-in-law; parents-in-law said, we handed over our daughter to you, and you must do our filial piety for us. However, the law stipulates that the daughter-in-law and son-in-law have no maintenance obligation to the in-laws and parents-in-law... As "outsiders"...
Although family property distribution and support cannot be directly equated, although these "antagonistic" situations are not universal, they exist in large numbers; we don't need to argue about whether "daughter-in-law, son-in-law should or not" We should divide the property of each other's parents." This kind of question is not a verbal question. You can see if there are similar cases around you: Is there an absolute answer?
Whether it should be divided or not is a topic that varies from person to person and family situation.
However, there are certain rules and statements about whether they can be divided.
【2】Four types of situations that can be divided
Daughter-in-law and son-in-law belong to the same relationship from a legal point of view: child spouse. Here we use this term to cover it in general terms.
We know that after a person passes away, the legal property left behind becomes an inheritance and will be inherited. There are three ways:
- legal inheritance . The successor inherits in the order prescribed by law. Heirs in the first order include the spouse, children, and parents of the deceased; if there is no heir in the first order, heirs in the second order-brothers and sisters, grandparents and grandparents; if there are none,Confiscated heritage.
- Testamentary succession. If there is a legal and valid will left before the death and life, it will be executed in accordance with the will, and the heir (or bequestee) designated by the will will inherit (or accept the legacy).
- Legacy Support Agreement . If a bequest support agreement is signed with another person (must be a non-statutory heir or a social organization) before the death and life, the inheritance will be shared by the bequestee who signed and performed the agreement.
these three methods, the priority is increased in order.
Therefore, from the perspective of legal inheritance, the spouse of children does not belong to the scope of heirs. So, it seems that children's spouses can share the property of parents-in-law and parents-in-law only through the latter two methods?
is not.
To be more realistic, it is a rare case that parents leave their family property to their children's spouses by means of wills, bequests and support agreements.
Under what circumstances can children's spouses share the property of in-laws and in-laws?
In general, there are four main situations:
1. The child legally inherits the family property of his parents.
In this case, there are three conditions:
- The children have not lost their inheritance rights, or have not given up their parents’ inheritance rights in writing (the same below, no longer mentioned).
- The child's parent (or one of them) died before the child.
- Legal succession. That is, before the death of the child's parents, they did not leave a will to appoint others, designate the children to be personally inherited, or did not sign a bequest and support agreement with others.
Under the above three conditions, the children legally inherit their parents’ estate, and the legally inherited income belongs to the joint property of the husband and wife. Therefore, the spouse of the children does not directly obtain the property of the parents-in-law and the parents-in-law through "inheritance", but the children inherit, and the income after the inheritance becomes the joint property of the husband and wife.
Simply list the legal regulations.According to the "Civil Code":
Regulations on "Loss of the Right of Inheritance"-
Article 1125 The heir shall lose the right of inheritance if he commits one of the following acts:
(1) Intentionally killing the decedent;
(2) Killing other heirs in order to fight for the inheritance;
(3) Abandoning the heir or ill-treating the heir with serious circumstances;
(4) Forging, tampering, concealing or destroying wills with serious circumstances;
(5) ) Using fraud or coercion to force or hinder the establishment, modification or withdrawal of the will by the deceased, the circumstances are serious.
If the heir has the third to fifth behaviors of the preceding paragraph, he does repent, and the heir expresses forgiveness or later lists him as the heir in the will, the heir shall not lose the right of inheritance.
The legatee shall lose the right to be bequeathed if he commits the acts specified in the first paragraph of this article.
Regulations on "Giving Up the Right of Inheritance"——
Article 114 After the start of the inheritance, if the heir abandons the inheritance, he shall give a written statement of abandoning the inheritance before the disposal of the estate; no indication Is deemed to accept inheritance.
The bequestee shall, within 60 days after knowing of the bequest, make an expression of acceptance or abandonment of the bequest; if there is no expression on the expiration date, it shall be deemed to have given up the bequest.
Regulations on "Common Property of Husband and Wife"——
Article 1062 The following property acquired by a spouse during the duration of the marriage relationship is the common property of the spouse and shall be jointly owned by the husband and wife:
(一) Salaries, bonuses, and labor remuneration;
(two) income from production, operation, and investment;
(three) income from intellectual property rights;
(four) inherited or donated property,Except as provided in Item 3 of Article 1063 of this Law;
(5) Other property that should be jointly owned.
The "except" in the above clause (4) refers to the situation where the will or gift contract is determined to belong to the child only.
2. The spouse of the child replaces the deceased child and performs the main maintenance obligation for the in-laws and parents-in-law.
still has to meet three conditions:
- in the case of legal inheritance.
- Children died before their parents.
- The spouse of the child performs the main maintenance obligation for the parent of the child.
From the perspective of legal principle, it fully encourages the equality of rights and obligations. If the above three conditions are met, the child’s spouse will become the first-order heir and have the statutory right of inheritance:
Article 129 The widowed daughter-in-law shall perform the main maintenance obligation to the in-laws and the widowed son-in-law to the parents-in-law. , As the heir of the first order.
Note: In this type of situation, there are actually two kinds of inheritance-children die before their parents. In the case of legal inheritance, the parents have the right to inherit the children's inheritance, that is, the parents can control the property of the daughter's family; After the spouse takes the place of filial piety, he can share the inheritance of the children's parents, which includes the property of the children's family inherited by the children's parents first.
This is also the reason why sometimes the brothers and sisters of the deceased child can legally divide the family property of the child.
3. Through " transfer inheritance ", the spouse of the children will be given the property of the parents-in-law and the parents-in-law.
Similarly, three conditions are met:
- in the case of legal inheritance.
- The child's parent (or one of them) passed away first.
- The child passed away before going through the inheritance formalities and did not leave a will to appoint others to inherit.
The legal basis is:
Article 1152 After the inheritance begins, if the heir dies before the division of the estate and does not give up the inheritance, the inheritance that the heir should inherit shall be transferred to his heir, but the will is another Except for arrangements.
In this case, the inheritance relationship is:
- After the child’s parents pass away, the child has the legal right to inherit the parent’s estate.
- Although there is no division (that is, the inheritance procedures are handled), this inheritance right always exists. When the child dies, the right of inheritance continues to circulate and is transferred to the child’s heirs-where, in the case of statutory inheritance, the child’s spouse is included. The circulation of inheritance rights is unlimited and unlimited.
This is also one of the reasons why we have always emphasized that we should hurry up after inheritance-otherwise, there will be more and more people who can divide the production, the people who can divide the production will be farther and farther, and the descendants will be endless.
4. The parents-in-law and in-laws designate to leave the family property to the spouse of their children.
As mentioned earlier, this is a relatively rare situation, but it does not mean that it does not exist.
Here are the two methods designated by the old man during his lifetime. We classify them into one category to illustrate:
- The old man made a legal and valid will before he was born, and bequeathed the family property to the spouse of his children.
- or the old man signed a bequest and support agreement with the spouse of the child before his death.
The family property is divided among the spouses of the children.
One more sentence here:
Some voices questioned the "validity of the bequest and support agreement signed between parents-in-law and daughter-in-law, parents-in-law and son-in-law." This is a family, belonging to a whole. There is also the view that the conditions are slightly relaxed: parents cannot sign with their children’s spouses when the children are present; unless the children pass away and the children divorce.
There is no judicial explanation or basis for such voices and opinions.
The law fully respects the true self-will of the bequester, that is, to comply with the "principle of autonomy"-the old man said, my son does not care about me, but the daughter-in-law serves me with all his strength, why not let me sign a bequest and support agreement with my daughter-in-law?
A brief summary of these four types of situations:
- In the case of legal inheritance, the child inherits the inheritance of the parents.
- In the case of legal inheritance, the child passes away before his parents, and the spouse of the child fulfills the main maintenance obligation.
- In the case of legal inheritance, the child passes away after the parents, but has not gone through the inheritance formalities.
- Bequeath the family property to the spouse of the child through a will or a bequest and support agreement.
[3] Conclusion
Here, only from the perspective of law, I will introduce the situation of "can it".
People have different concepts and attitudes towards property and family relations; some people even speak of being high-sounding and standing on the moral high ground, but actual action is completely another matter.
Why do some people make a will and leave the property to their children only, not as their children’s joint property?
Why do some families only emphasize the obligations of their children and their spouses,But forget that they still have the rights they deserve?
Why do some families always separate children from daughters, and even divide their daughter-in-law and son-in-law into two categories?
Why...
Why are there few cases?
Therefore, this topic will not be introduced from the perspective of family relations and morals. It is a question of "should or not". As for "should or not", the family needs to weigh it.
More than 99% of families will face inheritance problems! Please pay attention to the headline number of "One Paper Family Letter", continue to tell you the will and inheritance stories around you, and explain the will and inheritance professional knowledge for you systematically.
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