1. If the decedent does not specify that it belongs to husband and wife, it should belong to husband and wife. During the marriage relationship, the property inherited or received by both spouses or one of them belongs to the common property of the spouses.
2. If the decedent clearly indicates that the inheritance is only inherited by one party, it does not belong to the joint property of husband and wife. If the will or gift contract is determined to belong to the husband or wife, the same property cannot be divided with * * * at the time of divorce.
The property acquired by husband and wife during the marriage relationship, except the legal personal property and the property agreed by one party, is generally regarded as the common property of husband and wife and belongs to the husband and wife.
The main types of property jointly owned by husband and wife are as follows:
1, income such as wages, bonuses and labor remuneration obtained during the marriage relationship;
2. Income obtained through production, operation and investment during the marriage relationship;
3. Income actually obtained or obviously obtained through patents, trademarks, publications and other matters related to intellectual property rights during the marriage relationship;
4. The property inherited or donated during the marriage relationship, except the property determined to belong to only one party in the will or gift contract;
5. The income generated by one spouse's personal property after marriage, except fruits and natural appreciation, belongs to the common property of husband and wife;
6. Housing subsidies and housing accumulation funds actually obtained or should be obtained by both men and women;
7. The basic pension and bankruptcy resettlement compensation actually obtained or should be obtained by both men and women.
Personal property before marriage refers to the property acquired by one spouse before marriage registration, including movable property and immovable property. Personal property before marriage is protected by the laws of China. If there is no written property agreement between the two parties, the personal property before marriage will not be divided when divorcing.
The main types of personal property before marriage are as follows:
1. Personal property, such as real estate purchased in full before marriage and registered in personal name, salary and bonus income obtained before marriage, intellectual property income and other legal income.
2. Personal property rights, including real estate rights and creditor's rights.
3. Interest and natural appreciation of personal property before marriage.
4. Although it was obtained within marriage, it belongs to the property transformed from personal property before marriage.
Legacy is the personal legal property left by a natural person when he dies. Because the one-time pension is a living allowance and spiritual comfort given by the unit where the deceased lived to his close relatives and their supporters, it was produced after the death of the deceased, not the legal property that actually existed before the death of the deceased and belonged to the deceased himself. Therefore, the death pension does not belong to the inheritance and cannot be inherited.
As the property of the specific close relatives of the deceased, the death pension can be settled by the parties through consultation. If negotiation fails, you can bring a lawsuit to the court. The court generally refers to the principle of inheritance distribution and handles pensions according to the principle of equal share. However, considering that the nature of death pension is mainly to take care of and help the relatives who have lost their ability to work and need to be raised before their death, the distribution should be divided according to the principle of compensating the relatives who took care of and supported more before their death and taking care of other relatives.
People's Republic of China (PRC) Civil Code
Article 1063
The following property is the personal property of one of the spouses:
(1) one party's premarital property;
(2) Compensation or compensation obtained by one party for personal injury;
(3) Property that is determined to belong to only one party in the will or gift contract;
(4) Daily necessities used exclusively by one party;
(five) other property that should be owned by one party.