1. If one spouse dies, the marriage relationship does not exist. If one of the spouses dies, the marriage will automatically terminate without divorce. Natural death, one of the subjects of marriage relationship, no longer exists, which will inevitably lead to the legal consequences of the elimination and inheritance of the relationship between husband and wife. The date when the judgment declares death or the date when the missing person is declared dead is the date when the deceased dies, and the marriage relationship between the deceased and his spouse disappears from the date when the deceased dies.

2. Legal basis: Article 46 of People's Republic of China (PRC) Civil Code.

If a natural person is under any of the following circumstances, the interested party may apply to the people's court for declaring the natural person dead:

(a) the whereabouts are unknown for four years;

(two) due to an accident, the whereabouts of unknown for two years.

If a natural person's whereabouts are unknown due to an accident, and it is proved by the relevant authorities that the natural person cannot survive, the application for declaration of death is not limited by two years.

Article 51

The marriage relationship of the person who is declared dead shall be eliminated from the date of death. If the declaration of death is revoked, the marriage relationship will be restored on its own from the date of revocation. However, unless the spouse remarries or declares in writing to the marriage registration authority that he is unwilling to resume.

Second, can a husband and wife remarry after death?

Husband and wife can remarry after death.

1, application. Original ID card, original household registration book and 3 recent 2-inch bareheaded photos of both men and women are required. It should be noted that: if divorced, please bring a divorce certificate or judgment;

2. accept. Go to the marriage registration hall of the civil affairs department where one party's household registration is located, and both parties personally submit the above procedures;

3. review. The staff of the marriage registration office checks the household registration book and ID card to see whether the ID card has expired and whether the photo is the same as the party concerned;

4. register. The staff of the marriage registration office asked whether the two parties voluntarily paid the registration fee. 9 yuan, both parties wrote statements, signed their names, registered and printed the marriage certificate according to their fingerprints, and filled in the marriage registration review processing form;

5. certification. After going through the registration formalities, go through the relevant registration formalities, and issue marriage certificates to both parties on the spot, officially announce the end of the relationship between husband and wife, and confirm the marriage relationship between the two parties according to law.