The wife's remarriage does not affect her right of inheritance. The key point is whether the marriage was still in existence when the ex-husband passed away. If they have already divorced, the ex-wife is not an heir, but the children can still inherit, in accordance with Article 1127 of the Civil Code.
Learn more >
Whether the household registration is together or not does not affect the children's statutory right of inheritance. Children inherit based on their identity relationship, not their household registration. Even if the household registration is transferred out, they still have the right to inherit. Those who fulfill their main duty of supporting their parents can claim a larger share of the inherit...
Learn more >
After being separated for many years but not going through the divorce procedure, the marriage relationship still exists, and the spouse is a statutory heir in the first order and enjoys the right of inheritance; if the decedent excludes them in the will, the inheritance shall be executed in accordance with the will.
Learn more >
A couple who live together without a marriage certificate are not legal heirs and cannot inherit automatically. However, if the decedent leaves a will to donate property to their partner, this is considered a gift by will, and the partner must explicitly accept the gift within 60 days to acquire the property.
Learn more >
The division of property and inheritance of the ancestral home should follow the principle of "dividing the property first and then inheriting it": first, divide the shares of others, and then distribute the inheritance according to the will or statutory inheritance. If there is a valid will, the inheritance shall be handled in accordance with the will; if there is no will, the inheritance shall b...
Learn more >
The house is registered under one person's name, but it was actually jointly funded or belongs to the couple. The true owner can file a lawsuit for property rights confirmation or division of marital property, and the rights will be confirmed according to the provisions of the Civil Code. The key is to provide evidence of the investment and the agreement.
Learn more >
It's not necessarily considered a division of family assets when parents contribute funds to purchase a house for their children. In most cases, it's either a gift or a loan. After marriage, the ownership of the contributed funds depends on the registration and agreements. It's recommended to clarify this in writing.
Learn more >
In rural areas, daughters are entitled to an equal share in the family property according to law, and the house can be divided. The right to use the homestead is arranged according to the policies of the household and the village collective, and it will not be lost due to marriage or death.
Learn more >
The agreement on dividing family property does not require notarization. It takes effect once it is voluntarily signed; notarization enhances the probative force of the agreement, and real estate must be transferred and registered to be enforceable against third parties.
Learn more >
A will can only dispose of the testator's personal property and cannot dispose of the spouse's share of the marital joint property. Any portion exceeding this limit will be invalid. It is recommended to clarify the ownership of the property before making a will.
Learn more >
If the other party does not agree to the divorce, you can hire a lawyer to mediate: According to Article 1079 of the Civil Code, the court shall mediate. The lawyer will assist in formulating a plan for the fixed property and children. If the mediation fails, you can then file for divorce through litigation.
Learn more >
The custody of the child, who is over two years old (has reached the age of two), shall be determined by the court in accordance with the principle of acting in the best interests of the minor child. The court shall comprehensively consider the child's upbringing conditions, growth environment, and the child's wishes. For children aged over eight, the court shall respect their true wishes and hand...
Learn more >
Collecting evidence of a spouse transferring property must be done legally. Such evidence can be secured through methods such as checking the transaction records of joint accounts, conducting property registration inquiries, recording conversations in public places, and obtaining court investigation orders. It is strictly prohibited to use illegal methods such as wiretapping and intrusion. Any vio...
Learn more >
In the event of divorce due to domestic violence, the victim can request compensation for damages. According to Article 1091 of the Civil Code, domestic violence constitutes a statutory basis for compensation. The key lies in obtaining evidence such as police reports, injury assessments, and medical records, which can be claimed in court together with other relevant claims.
Learn more >
If the application is withdrawn during the cooling-off period, the current procedure will be terminated. For divorce by agreement, the parties must re-apply and go through another 30-day cooling-off period. For divorce by litigation, there is no cooling-off period restriction, and the parties can directly file a lawsuit in accordance with the provisions of the Civil Code.
Learn more >
