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Marital property agreement, letter law.
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Three parties to the agreement.
hereinafter referred to as the parents).
hereinafter referred to as the eldest son).
hereinafter referred to as the second son).
In order to promote the harmonious coexistence between family members, to enhance the feelings of envy and filial piety between fathers and sons and between brothers and all members of the family, to further clarify the mutual rights and obligations between family members, and to avoid unnecessary disputes between family members, the following division agreement is hereby proposed for family real estate based on the actual situation of the family real estate property and through the joint consultation between the parents and the two sons, so that the family members can abide by it.
Article 1087 of the Civil Code of the People's Republic of China provides that in the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the parties; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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Legal Analysis: Contractor, Witness, Witness, Law Firm, Year, Month and Date.
Legal basis: The 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 shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife
(1) Remuneration for labor and labor services, (2) Income from production, operation and investment, (3) Income from intellectual property rights, (4) Inherited or donated property, except as provided for in Paragraph 3 of Article 1063 of this Law, (5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
Article 298:Co-owners by share enjoy ownership of the immovable or movable property in common according to their share.
Article 299:The co-owners jointly enjoy ownership of the immovable or movable property jointly owned.
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In order to promote the harmony between family members, enhance the affection between fathers and sons and brothers and all members of the family, further clarify the mutual rights and obligations between family members, and avoid unnecessary disputes between family members, the following division agreement is hereby proposed for family real estate based on the actual situation of the family real estate property and through the joint consultation between the parents and the two sons, so that the family members can abide by it. 1) The existing real estate of the family 1. The property here is located in Shengshi Jiaheyuan Community, Bozhou City. 2. The property here is jointly purchased by the father and the second son (the father contributed 300,000 yuan, and the rest was contributed by the second son).
Currently, the property is in the father's name. 2) Specific implementation measures for the division of real estate property 1. After the tripartite study of the agreement, the real estate donated to the second son here is a marriage house. 2. At present, the ownership holder of the real estate ownership certificate and land use certificate is the father's name, due to the limited conditions, it is temporarily impossible to change the transfer, and after the agreement is signed, the relevant documents and bills are handed over to the second son for safekeeping.
In the future, if conditions permit, if it is necessary to change or transfer ownership, all costs will be borne by the second son. 3. In order to subsidize the eldest son, the parents decided to pay off the mortgage of the property, and subsidized about 20,000 yuan to the eldest son every year until the subsidy of 200,000 yuan was included. 3) Related matters After the division of the parents' real estate and property, in order to ensure that the two elderly people spend their old age in peace, the first Chongxiao has agreed on the relevant matters as follows:
1. Under the condition that the parents can take care of themselves, they are not required to bear the living expenses, but with the passage of time, the parents are old, and the two children should fulfill their obligations in accordance with the relevant laws and regulations of the state and social morality. 2. As the parents get older, there may be more and more patients, such as when the parents are unable to pay for the illness in the future, the eldest son and the second son should jointly bear the medical expenses. 4) Matters not covered herein shall be resolved by mutual agreement between the three parties 5) This Agreement shall come into effect once it is signed, and neither party shall change this Agreement for any reason.
6) The time when the second son enjoys the right to real estate shall take effect from the signing of this agreement. Each of these Terms has been read without objection. Each participant in the agreement shall hold one copy of the agreement.
Contractor: Father: Mother:
Eldest Son: Second Son: Year Month Day This method of dividing the family property through a family meeting is actually better, and it may be that after the death of the parents, the children will negotiate with each other to deal with the distribution of the inheritance left by the parents.
Therefore, before the agreement is signed, no one can hide part of the parents' inheritance, or force the parties to sign it, and the agreement signed in this situation has no substance.
The division of divorce property refers to the division of the joint property of the husband and wife at the time of divorce, which refers to the division of the joint property of the husband and wife into their respective personal property in accordance with the law at the time of divorce. Articles 17 to 19 of the current Marriage Law specify that the joint property of the husband and wife is the property acquired during the existence of the relationship between the husband and wife, and stipulates the content of the joint property of the husband and wife in the form of enumeration and generalization. At the time of divorce, if the parties have an agreement on lawful marital property, the agreement shall be followed. >>>More
What documents need to be provided for the lawsuit.
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1. For the first house, the property certificate you said is in the woman's name, which means that the woman's property certificate or the owner of the property has been changed to the woman. If it is the former, the house is still a pre-marital property, and the woman cannot share it. If it is the latter, it depends on the time of the change, if it is changed before marriage, then the house is the woman's personal property and belongs to the woman; If it is changed after marriage, the house is the joint property of the husband and wife, and in principle, one and a half are for each person. >>>More