Residency in Property Inheritance, Management and Rent 10

The family has nine sons, and their parents have died one after another, leaving a property. Five years before his mother's death, the privatization of the house offered by the eldest to pay for the house in his father's name, and he and his family could live here. In November 03, the mother died, and neither parents left a will to deal with the property, and according to the provisions of the inheritance law, it should be jointly inherited by nine children with legal inheritance rights.

From the mother's death to the present day, the other eight children have proposed the disposition of the estate and joint inheritance. In August 02, the mother moved to live with the boss, and the mother's house was rented by the boss until August this year, and the rent was occupied by the boss alone. Now the other eight sons proposed to inherit and dispose of the inheritance according to the law, and the eldest also agreed.

However, he put forward the following requirements: 1. The house rental contract signed by him after the death of his mother shall be paid in the total amount of the estate due to the liquidated damages for the termination of the contract formed by the inheritance before August this year. 2. Because he has the funds to buy the house, he personally has the right to live in this house, and before this house is not **, it is not jointly owned by the nine sons, and he can use it at will.

3. He personally has the right to manage the house, and he can also dispose of the use of the house at will without the consent of the other eight sons, such as renting. 4. Before there is no ** in this house, he has to rent the house personally, and the rent is owned by him personally, not jointly owned by his children.

5. Before the house is not **, the house must be managed and controlled by him personally. We also have a consultation, namely: for example, how is the right of residence stipulated in the law, and whether there is a time limit.

I hope that professional lawyers will give clarification and advice.

1. The eldest invests in the purchase price of the house, which can be regarded as having the right to live in the house with his parents.

2. There is no will, and there is no agreement on the living time of the eldest after the death of the parents, which is a difficult problem to deal with in this case?

3. Is the house now **?

Suggest you make your question clearer and I'll continue with you.

The inheritance of real estate does not affect the right of residence of others, and at the same time, the parties can obtain the right of residence in accordance with legal acts such as testamentary inheritance. The right of residence shall be established at the time of registration and shall be exclusive to the person, and the holder of the right of residence shall have the right to occupy and use the residence of others in accordance with the contract to meet the needs of life and residence.

1. Can I rent out my rental housing?

Occupancy houses cannot be rented out. Article 369 of the Civil Code (effective January 1, 2021) states that the right of residence shall not be transferred or inherited. The dwelling for which the right of residence is established shall not be rented out, unless otherwise agreed by the parties.

Article 370:Where the term of the right of residence expires or the person with the right of residence dies, the right of residence shall be extinguished. Where the right of residence is extinguished, the cancellation of registration shall be handled in a timely manner. Article 366:In the case of hardship, the owner of the right of residence has the right to occupy and use the dwellings of others in accordance with the contract, so as to meet the needs of living and living.

2. What is a resident right holder?

The right of residence is a new type of usufructuary right in the property rights section of the Civil Code. The right of residence refers to the right of the right holder to occupy and use the residence established by the right holder on top of the residence in which others have ownership in accordance with the contract or will, in order to meet the needs of life and residence.

The right of residence is special as a usufructuary right, that is, the owner of the right of residence only has the right to occupy and use the object of the right, i.e., the residence, but does not enjoy the right to benefit, and cannot use it for profit-making activities such as renting.

3. Whether the agreement on the right of residence is valid.

Validly, the Civil Code of the People's Republic of China has stipulated that the right of residence is a legal property right, and the owner of the right of residence has the right to occupy and use the usufruct right of others' residences in accordance with the contract, so as to meet the needs of life and residence. Note: The Civil Code of the People's Republic of China will come into force on January 1, 2021.

House inheritance is the inheritance of the ownership of the property, and the house is inhabited by someone else, inheriting the house does not affect the right of residence of others, so the person who obtains the right of residence can continue to live in the house.

1. What are the conditions for household separation?

The conditions for the division are as follows:

1. A family living together, unable to live together due to work, marriage, and economic independence;

2. The divorced parties who have been sentenced or mediated by the court have the right to live in the house and do live here;

3. The parties to the real estate dispute who have been judged or mediated by the court have the right to live in the house and do live here;

4. Those who have gone through the procedures for private house analysis, gift and inheritance;

5. Those who have gone through the procedures for the division of the house deed in the housing management department;

6. There are other situations at home that cannot produce and live together.

2. Can a one-person guarantee property be executed?

The court may enforce the property of the individual to be buried in the mausoleum. The court guarantees the right of residence necessary for the survival of the person subject to enforcement and his family members instead of ownership, and other houses in their names can be enforced; The court has a time limit for the protection of the residence right of the person subject to enforcement, and it can be enforced if other houses under his name are transferred in order to avoid debts; The court clarified that the residential standard prohibits the evasion of debt enforcement on the grounds of ensuring the right to subsistence, and the applicant can enforce it if he or she provides a residential house or agrees to deduct rent.

3. Can I enjoy the right of residence if I rent a house?

Renting a house does not have the right of residence. The right of residence is a kind of usufructuary right, which refers to the right to occupy and use the housing and its ancillary facilities owned by others. The right of residence may be established by a will or bequest, or by contract.

Renting a house also has the right to occupy and use the rented house, but this is not the same as the right of residence.

Residency includes the following:

(1) The owner of the right of residence shall have the right to use the premises, provided that such right of use is limited to the purpose of residence.

3. The owner of the right of residence has the right to repair and maintain the house for the purpose of residence.

4. The owner of the right of residence has the right to rent the house to others for rent during the period of residence, provided that the relevant legal requirements are met. For example, the tenant must obtain the consent of the original lessor before subleasing the leased premises.

Civil Code of the People's Republic of China

Article 240:Owners enjoy the right to possess, use, benefit from, and dispose of their immovable or movable property in accordance with law.