The statutory order of inheritance is determined by Article 1127 of the Civil Code: the first order is spouses, children, and parents; the second order is siblings, grandparents, and grandparents-in-law. In the absence of a will, the inheritance shall first proceed in accordance with the first order, and the couple's joint property shall first be allocated to the spouse's share.
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Inheriting property by multiple children: If there is a will, the property shall be inherited according to the will; if there is no will, the property shall be equally divided among the children according to law. Those who fulfill their main duty of supporting their parents can receive a larger share. If no agreement can be reached, a lawsuit for division of property can be initiated. For jointly ...
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The parents' estate shall be distributed by the statutory heirs: the spouse, children, and parents in the first order shall divide the estate equally. Those who fulfill their main duty of supporting their parents may receive a larger share, while those who have the ability to support but fail to fulfill their duty shall receive a smaller share or no share at all. The distribution may not be equal ...
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When a family member passes away, the estate is first divided and then inherited. If there is a will, the inheritance follows the provisions of the will; if there is no will, the inheritance follows the law: the first order of succession includes the spouse, children, and parents. Generally, the shares are equal within the same order, and those who have fulfilled their main support obligations may...
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Within 30 days after the expiration of the cooling-off period, the couple must jointly pick up the marriage certificate. If the other party refuses to cooperate, it will be deemed as a withdrawal of the application. The couple may reapply for divorce or directly file a lawsuit for divorce; the lawsuit is not subject to the cooling-off period. It is recommended to fix the evidence of the couple's p...
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After divorce, the custody rights can be legally changed. According to Article 1084 of the Civil Code and Article 56 of the Interpretation of the Marriage and Family Chapter, the other party may be sued for a change of custody if the child suffers from a serious illness, fails to fulfill his or her custody obligations, or the child aged over eight years old wishes to live with the other party, wit...
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Even if the woman does not have a stable job, she can still fight for custody rights. The court ruled in accordance with the principle of maximizing the interests of the minor children, where income is not the only criterion. Long-term companionship, stable care, and the wishes of children over the age of eight are also crucial. The decision was made in accordance with Article 1084 of the Civil Co...
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The gambling debts of a husband that his wife is unaware of are generally not joint debts of the couple, and there is no need to repay them jointly in the event of divorce. According to Article 1064 of the Civil Code, debts that exceed the family's daily needs and are not used for common life do not belong to joint debts; gambling debts are illegal and are not protected, so the wife should require...
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If you discover that your spouse has hidden their assets during the divorce process, you can apply to the court to retrieve their bank statements, securities, and property registration records for verification. According to Article 1092 of the Civil Code, if the spouse conceals or transfers jointly owned property during the divorce settlement, they may receive a smaller share or no share at all. I...
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The first time a divorce is sued due to domestic violence, if the evidence is sufficient and the mediation fails, the court should grant the divorce; if the evidence is insufficient, the court may not grant the divorce, and the parties may sue again after living apart for one year. According to Articles 1079 and 1091 of the Civil Code, the plaintiff may claim divorce and compensation.
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Even if the woman's financial situation is not as good as that of the man, she may still be able to win custody. The court will make a decision based on the principle of what is in the best interests of the minor children. According to Article 1084 of the Civil Code, income is not the only criterion; companionship and a stable environment are also crucial. It is recommended to keep evidence of chi...
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When the child reaches the age of eight, the court shall respect the child's true wishes in determining custody rights, but the decision shall still be based on the principle of maximizing the interests of the minor child, taking into account the parties' conditions for child-rearing, their faults and stability.
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Divorce lawyers can assist in sorting out assets and debts, fighting for custody and child support, claiming compensation for fault, formulating litigation strategies, and participating in mediation, thereby transforming legal rights into enforceable outcomes.
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Before marriage, if a house is purchased under one party's name, the ownership and repayment responsibilities can be stipulated in a written prenuptial property agreement. However, the property registered under one party's name does not automatically become jointly owned. After marriage, the spouse who contributes to the repayment of the mortgage may be entitled to compensation.
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The grandparents' long-term care of the child can be used as evidence of a stable living environment, which indirectly affects the custody rights. However, the court will make decisions based on what is in the best interests of the minor child, and will not directly regard intergenerational care as a decisive factor.
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