Client John (pseudonym) asked for help

John and his wife were married in China. Before marriage, his wife’s parents died and left her a house. After John and his wife got married, the house was transferred to his wife’s name. Now his wife died, leaving John and three children. Because of the epidemic, John’s former international school closed down. John had difficulty finding a job in China, so he decided to return to Slovakia to live, Now his wife’s family comes to John and plans to take back the property that his wife inherited.

Before returning to Slovakia, John asked us whether the house inherited by his wife could be regarded as the common property of the husband and wife? Can it be counted as the wife’s inheritance? John hopes to get the property because he feels that he is under great pressure to raise three children alone. He hopes we can help him.

Our reply:
1.John’s wife’s parents died before she got married to John. The inheritance of John’s wife’s parents does not belong to the joint property of John and his wife, even though the property was transferred to his wife’s name after marriage.

2.The property inherited by John’s wife, although it is not community property. But since John’s wife passed away, this property belongs to his wife’s estate. John can still inherit it.
 
Legal basis:
Civil Code of the People’s Republic of China
Article 230 Where a real right is acquired through succession, it shall have binding force from the time of succession.
Article 1121 The succession of a decedent opens at the time of his death.

Civil Code of the People’s Republic of China
Article 1061 Husband and wife are entitled to inherit the property of each other.
Article 1127 The estate of a decedent shall be inherited in the following order:
(1) First in order: Spouse, children, parents.
(2) Second in order: Brothers and sisters, paternal grandparents, maternal grandparents.
When succession opens, the successor(s) first in order shall inherit to the exclusion of the successor(s) second in order. The successor(s) second in order shall inherit in default of any successor first in order.