Who will save the spouse’s death deposit?

According to the relevant laws of China, if the deposit is common property of the husband and wife, after the death of one spouse, the spouse can earn half of the deposit, and the other half of the deposit is inherited by legal inheritance.

After the succession begins, the successor in the first order inherits, and the successor in the second order does not inherit. If there is no successor in the first order, the successor in the second order shall inherit it.

Said Brothers and sisters referred to in this law include siblings who are the same parents, half-sisters or half-brothers, adoptive siblings, and step-brothers who have a supporting relationship.

According to Article 97 of the Real Right Law, the disposition of jointly owned property shall be agreed by all the common owners, unless otherwise agreed between the common owners.

1. Common is always based on some kind of common relationship. It can be based on direct provisions of the law, such as husband and wife sharing property, and the law stipulates that any property acquired during the existence of a marriage relationship is presumed to be jointly owned by law as long as there is no clear agreement between the husband and wife. It can also be based on the legal relationship of the contract, such as the property of the partnership, and the income generated during the partnership is the publicly owned property of the partners.

2. Common ownership is common ownership of uncertain shares. As long as a common-share relationship exists, co-owners cannot divide their share. Only at the end of the common share relationship and at the time of the division of the common property can we determine the share that each co-owner should receive.

3. The exercise of the common right has no share and is completely equal, that is, all co-owners have the right to possess, use, gain and dispose of the entire common property. The punishment of common property, especially the major punishment , must be agreed by all the co-owners.

According to the relevant laws of China, if the deposit is common property of the husband and wife, after the death of one spouse, the spouse can get half of the deposit and the other half will be inherited by legal inheritance.

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