First, the provisions of the Civil Code on the inheritance rights of husband and wife.
Article 106 1 of the Civil Code of People's Republic of China (PRC) stipulates that husband and wife have the right to inherit from each other.
Second, what should husband and wife pay attention to when they inherit from each other?
1, based on marriage.
The right of inheritance between husband and wife arises from marriage and disappears due to divorce. The generation of inheritance right between husband and wife is based on the existence of legal and effective marriage relationship. If a husband and wife have not cohabited or cohabited for a short time after registering for marriage, and one of their spouses dies, their spouse's inheritance right shall be recognized according to law. If it is recognized as a de facto marriage, it can enjoy the right of inheritance as a spouse. Illegal cohabitation or invalid marriage, there is no inheritance relationship between the parties.
They are the legal heirs of the first order.
Husband and wife are legal heirs in the first order and enjoy equal inheritance rights. No one may infringe or restrict the husband's right to inherit from his wife or his wife, and the widow's right to remarry with property is protected by law. In the marriage of a man and a woman, we should also pay attention to protecting the legitimate rights and interests of the man in inheritance.
3. Divide first, then inherit.
When husband and wife inherit from each other, they should draw a clear line between personal property and property. When a spouse dies and inherits property, he should divide the marital property according to law before inheriting. The inheritance consists of the decedent's personal property and part of the property belonging to the decedent. Inheritance can only be the personal heritage of one spouse, in order to prevent both husband and wife from inheriting the same property as the personal heritage of one spouse and infringing on the legitimate rights and interests of the surviving spouse.
4. Both parties to marriage do not lose their spouses' inheritance rights in the process of divorce proceedings.
The failure of the divorce judgment to take effect does not affect the inheritance rights of husband and wife. Marriage was inherited under "extraordinary circumstances". In the process of divorce proceedings, if one party dies, because the court has not made a divorce ruling at this time, both spouses still exist, so the other party enjoys the right of inheritance at this time. During the period when the court has made a ruling, but it has not yet taken effect, if one party dies, the other party can still enjoy the right of inheritance according to his spouse status.
3. What are the first-order heirs?
According to the provisions of the Civil Code, the first heirs of property inheritance include:
(1) spouse. Spouse refers to a legal couple who meet the conditions for marriage and have registered for marriage. In addition, couples who have been recognized as de facto marriages by the court also obtain the status of spouses.
(2) children. Children include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.
(3) parents. Parents include biological parents, adoptive parents and step-parents who have a foster relationship.
(4) In addition, according to the law, the widowed daughter-in-law and the widowed son-in-law who have done their main support obligations to their in-laws can be the legal heirs in the first order. If a stepchild inherits the inheritance of his stepparents, he can still be the first legal heir of his stepparents; Similarly, if stepparents inherit the inheritance of stepchildren, they can still be the first legal heirs of their children. Those who adopt others as stepgrandchildren are the first heirs to each other.
Legal objectivity:
Article 131 of the Civil Code of People's Republic of China (PRC) may give appropriate inheritance to those who depend on the support of the decedent other than the heir, or who support the decedent more than the heir. Article 132 of the Civil Code of People's Republic of China (PRC) * * * The heirs shall handle the issue of inheritance through consultation in the spirit of mutual understanding, mutual accommodation, harmony and unity. The time, method and share of inheritance division shall be determined by the heirs through consultation; If negotiation fails, the people's mediation committee may mediate or bring a lawsuit to the people's court.