Recently, due to Xiao Qin's accidental death, after his family was heartbroken, there was a dispute over the division of a property under his name. The down payment for buying a house was made by Xiao Qin's parents, and the house loan was paid back by the young couple after marriage. Xiao Qin's parents and wife hold their own words and think that the other party should not inherit Xiao Qin's legacy. Xiao Qin and Xiao Li are going to get married after a year of love. Xiao Qin's parents took out the money and paid 500 thousand heads of state to buy them a house. The house is registered in the name of Xiao Qin. After five years of marriage, Xiao Qin used his salary to repay the mortgage, and Xiao Li's salary was used for living together. However, no one expected that bad luck suddenly came to this family. On the way home from work, Xiao Qin had a car accident and died because of ineffective rescue. Xiaoli thought, "This house is of course the common property of Xiaoqin and me. When the husband dies, the inheritance should naturally be inherited by the wife. I can properly compensate his parents for some money. " But Xiao Qin's parents thought: "Before my son got married, he bought this house and we paid the down payment. Paying off the mortgage after marriage is also based on my son's personal salary. You didn't use Xiaoli's salary at all. Therefore, this house should be my son's personal property. Now that our son has passed away, the house should be inherited by us, without your share of Xiaoli. Spouses and parents have equal inheritance rights. Lawyer Zhang Haixia of Beijing Zhongqi Law Firm made a detailed analysis of the problems of Xiaoli and Qin Xiao's parents. Who is the legal heir of Xiao Qin? Article 10 of China's Inheritance Law stipulates that the first-order heirs are spouses, children and parents. In this case, Xiao Qin and Xiao Li did not have children after marriage, so after Xiao Qin's death, his first heirs were his spouse and parents. "Because Xiao Li, the legal heir of Xiao Qin, and Xiao Qin's parents have no special circumstances stipulated by law, their share of inheritance should be equal. "The house belongs to Qin Xiao's personal property. Lawyer Zhang Haixia believes that this house under Qin Xiao's name was purchased by Qin Xiao before marriage, and it was registered in Qin Xiao's name. The down payment was made with Qin Xiao's parents' money. According to the relevant judicial interpretation in the Supreme People's Court, if parents contribute to the purchase of houses for both parties before marriage, the contribution shall be regarded as a personal gift to their children, unless the parents explicitly express that the gift is given to both parties. In this case, Xiao Qin's parents paid the down payment for Xiao Qin's house purchase before Xiao Qin and Xiao Li got married. At that time, it was not clearly stated that it was a gift for both Xiao Qin and Xiao Li, so it should be considered as a personal gift for Xiao Qin. Lawyer Zhang Haixia said that according to Article 10 of the Supreme People's Court's Interpretation on Several Issues (III), "husband and wife sign a real estate sales contract before marriage, pay the down payment with personal property, and repay the loan with common property after marriage. If the real estate is registered in the name of the down payment, the real estate shall be handled by both parties through agreement at the time of divorce. If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may decide that the real estate belongs to the party with registered property rights, and the unpaid loan is the personal debt of the party with registered property rights. In case of divorce, one party to the property right registration shall compensate the other party in accordance with the principle stipulated in the first paragraph of Article 39 of the Marriage Law. Lawyer Zhang said that in this case, Xiao Qin lost his capacity for civil conduct after his death, and the marriage relationship should be terminated naturally. Therefore, what happened in this case can be applied to the provisions of judicial interpretation (III) of the Marriage Law. In other words, after Xiao Qin's death, his marriage with Xiao Li was terminated by the death of one of his spouses. The house should be recognized as Xiao Qin's personal property and become his legacy after his death, which should be inherited by his legal heirs. Pay off the debt first and then divide the inheritance. However, how to identify Xiao Qin's behavior of repaying loans after marriage? Lawyer Zhang Haixia believes that although the young couple only used Xiao Qin's salary to repay the house loan after marriage, but did not use Xiao Li's salary, because Xiao Qin's salary belongs to the joint property of the husband and wife after marriage, according to the provisions of Judicial Interpretation of Marriage Law (III), the money paid by both parties after marriage and the corresponding part of property appreciation should be compensated to the other party by the property registration party. "That is to say, after marriage, Xiao Qin and Xiao Li jointly repay the loan, including the corresponding value-added part of the house, while Xiao gets compensation. Specific to this case, in the division of inheritance, Xiaoli and Qin Xiao can divide the repayment part after marriage, Xiaoli can make appropriate compensation according to the value-added price, and the rest can be divided according to the inheritance. "There is another problem, that is, when Xiaoqin died, the house loan was not paid off and the bank loan was still owed. What should I do? Lawyer Zhang Haixia believes that Xiao Qin's unpaid house payment belongs to his personal debt and should be paid off within the scope of his estate. The part exceeding the actual value of the estate shall be voluntarily repaid by the heir. "So, after Xiao Qin's death, the unpaid part of the bank loan became Xiao Qin's personal debt, which was paid off within the scope of Xiao Qin's inheritance, and then divided into inheritance after the payment was completed. \"