Have a few questions about real estate? There are problems with inheritance and joint property!

1. Inheritance transfer procedures.

1. Issue the death certificate of the decedent and the certificate of cancellation of household registration;

2. Notarization of inheritance rights:

1) In the case of testamentary succession, submit death certificate, will, relative identity certificate, real estate certificate, heir identity certificate and other materials;

2) In the case of legal inheritance, submit death certificate, relative identity certificate, real estate certificate, heir identity certificate and other materials;

3) When bequeathing and inheriting, submit death certificate, will, real estate certificate, heir identity certificate, notarial certificate of acceptance of bequest and other materials;

3. The housing registration management department handles the transfer.

2. Personal property shall not be converted into joint property of the husband and wife as a result of marriage.

3. If there is no indication of who will inherit the property, the property inherited by one party shall be the joint property of the husband and wife.

Legal Analysis: The inherited estate does not necessarily have to be the joint property of the husband and wife. If the decedent specifies in the will that a certain estate belongs only to one of the husband or wife, or if the donor confirms in the gift contract that a certain property will be given to only one of the husband or wife, in this case, the law shall respect the wishes of the decedent and the donor, and the inheritance inherited and the gift received by one of the spouses cannot be regarded as the joint property of the husband and wife.

Legal basis: Civil Code of the People's Republic of China

Article 1062:The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Guess the income from production, operation, and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

Article 1063:The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined in a will or gift contract to belong to only one party; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party.

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties. If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

The inherited estate does not necessarily have to be the joint property of the husband and wife.

If the decedent specifies in the will that an estate belongs only to one of the husband or wife, or if the donor determines in the gift contract that a certain property will be given to only one of the husband or wife, the law shall respect the wishes of the decedent and the donor, and the inheritance and gifts received by one of the spouses shall not be regarded as the joint property of the husband and wife.

1. Does the inheritance belong to the individual's property?

It depends. If it is not expressly stated that the estate belongs to only one of the spouses, the inheritance is the joint property of the husband and wife. If the decedent specifies in the will that an inheritance belongs only to one of the husband or wife, or if the donor determines in the gift contract that a certain property will be given to only one of the husband or wife, in this case, the law shall respect the wishes of the decedent and the giftee, and the inheritance inherited and the gift received by one of the spouses shall not be regarded as the joint property of the husband and wife.

2. Is the company the joint property of the husband and wife?

If there is no prenuptial property agreement, the proceeds of a company formed after the marriage are considered joint property. The income from the business of a company established before marriage is joint property.

The joint property of the husband and wife mainly includes the following property:

1) Salary, bonuses, allowances and other wage income of both husband and wife or one of the state;

2) Income from the production or business operations of both husband and wife or one of them;

3) Proceeds received by either spouse or one of the spouses through their intellectual property rights.

4) Property inherited or concealed by both spouses or one of the spouses, except for property that is determined in the will or gift contract to belong to only one of the husband or wife;

5) Other property that shall be jointly owned by the husband and wife.

3. Can the inherited estate be divided in the event of divorce?

It depends on whether the inheritance can be divided in the event of a divorce. The specific analysis is as follows:

1. If it is an inheritance obtained by legal inheritance, it belongs to the joint property of the husband and wife, and the other party can request to divide it;

2. If the inheritance is based on a will, it is personal property, and the other party cannot ask for division.

Whether the property is the joint property of the husband and wife shall be treated separately according to the circumstances:

1. The property inherited by one party through legal inheritance after marriage is all joint property because it is impossible to stipulate the relevant conditions.

2. If the property inherited by one party through a will after marriage is clearly specified in the will to be owned only by the husband or wife, it shall belong to the personal property of the husband or wife who accepts the inheritance.

Article 1063 of the Civil Code provides that the following property shall be the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

(2) Compensation or compensation received by one party for personal injury;

(3) Property that is determined in a will or gift contract to belong to only one party;

(4) Daily necessities for the exclusive use of one side;

(5) Other property that shall belong to one party.

The inherited estate does not necessarily have to be the joint property of the husband and wife.

If the decedent specifies in the will that an estate belongs only to one of the husband or wife, or if the donor determines in the gift contract that a certain property should be given to the husband or wife only, the law shall respect the wishes of the decedent and the donor, and the inheritance and gifts received by one of the spouses shall not be regarded as the joint property of the husband and wife.

Legal basis] Article 1063 of the Civil Code, the following property is the personal property of one of the spouses who are bored:

1) the pre-marital property of one of the parties;

(2) Compensation or compensation received by one party for personal injury;

3) Property that is determined to belong to only one party in a will or gift contract;

(4) Daily necessities for the exclusive use of one side;

(5) Other property that shall belong to one party.

The first question: Xiao Ming's mother took the form of a gift to transfer the property to Xiao Ming's name is the most cost-effective. As the 50% heir of the common house, she has the largest share, dividing Xiao Ming's father's share into 3 shares, Xiao Ming, his mother, and his younger brother each have a third, so Xiao Ming's younger brother only has a share.

The gift is the most cost-effective, and you only need to go to the notary office to notarize the gift. If Xiao Ming's younger brother does not give up the property, he needs to go through the inheritance notarization, and if he gives up the real estate, he needs to go through the inheritance notarization. The transfer of ownership by gift is only a simple fee, and there is no need to pay relevant taxes.

In the case of transfer, you will be required to pay taxes and fees calculated on a pro-rata basis.

Second question.

a. After Xiao Ming's mother died, Xiao Ming and his younger brother need to go through inheritance notarization. If the younger brother gives up the inheritance, he needs to go through the notarization of the renunciation of inheritance, so that Xiao Ming can go directly to the Land Bureau to change the death certificate of his parents, the family household registration book, the inheritance notarization and the notarization of the younger brother's renunciation of inheritance. Only simple fees will be incurred, such as registration fees, stamp duty, etc.

The value of 1 million real estate is only the market price, this kind of change, can only be changed according to the original registration price on the property, in Shenzhen, such a real estate change, the tax is less than 1000 yuan.

b. If Xiao Ming's younger brother does not give up the inheritance, then he can only reasonably get one-third of the share in his father's name, and then obtain one-half of the share after his mother's inheritance. Xiao Ming 75%, younger brother 25%. If the younger brother wants to transfer the ** of the transfer, he must first change the property to be jointly owned by Xiao Ming and his younger brother.

Then proceed with the transfer of ownership. The closing costs incurred by this process will be a bit high, as they will have to go through the closing process. The cost will be about 30,000 yuan.

If you think about the most cost-effective, it is that the mother and Xiao Ming give up the inheritance, so that some notary fees will be generated, which will save money to the greatest extent and avoid taxes. If this matter is not handled, it is only a contradiction in the division of property within the family. However, the death of a family member will cause some small obstacles to legal inheritance, so it is recommended to deal with it as soon as possible, thank you.

If the property is jointly owned by Xiao Ming and his father, the property is not the joint property of the husband and wife, and half of the father's share should be inherited equally by Xiao Ming, his mother and his younger brother. Xiao Ming's mother renounced the inheritance rights in the most cost-effective way.

If Xiao Ming's mother and younger brother give up the right to inherit, they will be directly inherited by Xiao Ming, and the inheritance fee is only the notarization of inheritance rights, which is 2% of the value of the property, and only 20,000 yuan is calculated as 1 million.

If the younger brother does not renounce the inheritance, the share that can be inherited, and the mother's share of the inheritance shall be taken into account. After the younger brother inherits, the inherited share is transferred to Xiao Ming by way of sale, so it is better for the brothers to formulate a compensation agreement, which states that Xiao Ming directly pays the equivalent share of the real estate price, and the younger brother gives up the inheritance right, so as to save a transfer fee.

Both the mother and the younger brother renounced the inheritance rights, and Xiao Ming inherited it alone, with the lowest cost and the most direct. If the name of the property is not changed, it will have an impact on the transfer of ownership of the property in the future, and the purchase and sale can only be carried out through the process of confirming the title.

1. Xiao Ming's younger brother is also the heir. If other heirs need to go through inheritance notarization, you can choose to donate it.

It can be understood that the half of the property that the wife gets first is her own, not inherited.

The husband's half is for inheritance and is jointly inherited by the wife and other first-order heirs (parents and children of the deceased).

Yes, the wife is also the heir of the husband and inherits the estate of the deceased in the same way as the other heirs, in addition to enjoying half of the share of the joint property.

For example, if the husband and wife have a total of 100w, the inheritance is 50w, and if there are two heirs, such as wife and mother, it is 250,000 yuan per person.

Yes. After the death of the husband, half of the joint property of the husband and wife shall belong to the wife's personal property, and the remaining half shall be the personal property of the deceased husband, and the husband's personal property shall belong to his estate and shall be inherited among the heirs, and the wife, as the first heir, shall have the right to participate in the inheritance of the husband's estate, unless the husband excludes it in his will.

Yes, that's what you mean, for example, the husband and wife have a total of 50w, and the husband is dead, then 25w of them is the husband's own, 25w is the wife's, the wife takes away her own 25w, and the remaining 25w is the husband's inheritance, which should be inherited, so the 25w will be inherited by the wife, the wife and the husband's children, and the husband's parents, and divide the 25w equally

Personally hit the trouble to share it with me, thank you.

If your husband dies with a joint property of 60,000 yuan and a personal property of 18,000 yuan, and you have a son, your husband's mother is still alive and your father is dead.

The inheritance you should inherit is: 30,000 (half of the marital property) + 10,000 (one-third each of the son, you and his mother) + 6,000 (one-third of each of the son, you and his mother) = 46,000 yuan.

If the husband divides half of the joint property to his wife before his death, this is in accordance with the law, and the wife is already entitled to half of the joint property of the husband and wife, even if the husband does not distribute it during his lifetime, it does not prevent the wife from enjoying half of the property. After the death of the husband, this half of his property belongs to the inheritance during his lifetime, and in the absence of the husband's will, the wife is the heir in the first order of the law, and of course can inherit the share of this half of the property. As for how many shares, it depends on how many heirs there are.

Husband, wife, father, mother, son, and daughter are the legal heirs in the first order.

It's okay if you don't get divorced, but if you get divorced, it's gone.

When you refer to the division of property, do you mean that the property is transferred to the name of a specific child?

If the owner of the property is still the deceased parent, the property is still undivided.

Prior to the signing of the agreement in 1998, the siblings only had the right to inherit the property, which was still an undivided inheritance at this time. After signing the agreement, only the younger sister has the right to inherit the property, and once the younger sister transfers and changes the owner of the property, the inheritance of the property will be formed, and the other two children will not get legal support if they want to repent.

Am I right?

That's how it should be understood.

The point of view is basically the same as above.

The expression of intent of the heir to renounce the inheritance shall be made after the commencement of the inheritance and before the division of the estate. After the division of the estate, it is no longer the right of inheritance that is relinquished, but the right of ownership. If the heirs repented of the renunciation of the inheritance before the disposition of the estate or during the course of litigation, the people's court shall decide whether to recognize it on the basis of the specific reasons put forward by the heirs.

After the estate is disposed of, if the heirs repent of giving up the inheritance, they will not be recognized.