Ms. Kang, from a privileged family, was young and promising, and became the director of a foreign-funded company at the age of 28. Wang Li, the docking staff of the hotel where the company's annual meeting was held, launched a fierce pursuit to Ms. Kang. Half a year later, the two became a pair of talented and beautiful women in the eyes of people. But the marriage of the two, Ms. Kang's parents did not approve of it, and reminded Ms. Kang many times after the marriage not to be deceived by Wang Li.
However, life is like a drama, and the plot takes a sharp turn. Ms. Kang's parents were in a car accident during a trip, leaving both of them with 200 million yuan of property. Ms. Kang was immersed in grief, and Wang Li assisted Ms. Kang in handling the funeral of her father-in-law and mother-in-law.
One day half a year later, Ms. Kang received a summons from the court, only to learn that Wang Li was suing for divorce on the grounds of personality incompatibility. She couldn't believe her eyes, and her mind went blank. She immediately called Wang Li**, but Wang Li's ** was always turned off. Ms. Kang hurried home, only to find that Wang Li had already moved out of their wedding room. Ms. Kang was confused and helpless. She approached Tan Fang, the head of Shanghai Home & Home Law Firm, for help. According to the law, Ms. Kang, as the sole legal heir, will inherit all the estates of her parents. However, Ms. Tan Fang learned that Ms. Kang's parents had not made a will before their death.
Lawyer Tan Fang told Ms. Kang that according to Article 1062 (4) of China's Civil Code, the "inherited or donated property" obtained by the husband and wife during the existence of the marital relationship is the joint property of the husband and wife and belongs to the husband and wife, so the inheritance inherited by Ms. Kang is the joint property of her and Wang Li, and it will be divided in the event of divorce. Ms. Kang suddenly realized.
* On that day, Ms. Kang met Wang Li, who she hadn't seen for many days. Standing in the courtroom, Ms. Kang asked Wang Li: "If my parents hadn't died, if my parents didn't have so much inheritance, would you still divorce me?"Wang Li looked at Ms. Kang and said, "We have no feelings between us for a long time, and we have nothing to do with the death of your parents." Ms. Kang continued to ask, "Then why do you want to divide the inheritance left to me by my parents?"Wang Li replied: "We have a marriage certificate!"”
For the first time in this case, Wang Li sued for divorce, and the court ruled that the divorce was not allowed, but in order to get the 100 million property, Wang Li insisted on not meeting Ms. Kang for a year, and of course he was not living together. A year later, Wang Li sued for divorce again. Finally got half of Ms. Kanglu's inheritance from her parents.
This case allows us to see a woman who falls from the peak of happiness to the abyss of grief in a short period of time, and a man's indifference and determination in marriage. It allows us to reflect on the meaning of marriage and the legal issues of property division, and it also reminds us to cherish family and love and manage our lives well. [Comment].
Article 1062 of the Civil Code: The following property acquired by a husband and wife during the existence of a marital relationship is the joint property of the husband and wife and shall be jointly owned by the husband and wife: (4) inherited or donated property, except as provided for in Paragraph 3 of Article 1063 of this Law.
So what is the third paragraph of Article 1063 of the Civil Code?"Property that is determined in a will or gift contract to belong to only one party". That is to say, with the exception of property that is determined in a will or gift contract to belong to only one of the spouses, the inheritance inherited by either spouse is the joint property of the husband and wife. It is a joint property of the husband and wife and may be divided in the event of divorce.
Single-child families like Ms. Kang's make up a significant proportion of today's society. As for the question of inheritance, many people usually only know that the first in line of succession is: parents, spouses, children. However, in practice, if the children are married, the inheritance inherited by one party will be considered as joint property in the absence of a will or gift contract. In the event of a divorce, the other spouse has the right to participate in the division.
This is a matter of concern because it does happen in real life. In order to avoid similar tragedies, we recommend that parents should make a will as early as possible. In the will, it should be clearly stipulated that the inheritance will be inherited by only one child and will not be regarded as the joint property of the husband and wife. Through this kind of advance planning, we may be able to avoid a lot of unnecessary strife and suffering. After all, the distribution of inheritance is not only a matter of property, it is also about the harmony and happiness of a family. Therefore, it is up to each of us to take this issue seriously and take appropriate measures to ensure that our inheritance can be distributed according to our wishes.