If the old man transfers the property to the name of his remarried wife without telling his children

Depending on the circumstances, if the remarried wife does not take care of the elderly, then the law has the right to repossess the property. Nowadays, there are often elderly people who will find another wife to spend the rest of their lives because their old wife has passed away. In fact, this kind of thing itself is very good, after all, most of the children are not with the elderly now, and the elderly have another person to chat with them to relieve boredom can also make life less boring.

But some old bad people will take advantage of this method to defraud the old man's property for profit.

There was an old gentleman Qu who sued his new wife for defrauding his real estate and then emigrating. In 2007, 71-year-old Mr. Qu met 66-year-old Mrs. Zhu, who felt that he was more compatible with this old lady, so he registered his marriage with this old lady. After getting married, the old lady has been very good to Mr. Qu, a few years ago, Mr. Qu was unable to take care of himself because of his illness, and the old lady has been taking care of him during this time.

The old gentleman felt very moved, so at this time, the old lady proposed that she hoped that Mr. Qu could transfer the property to her name, and said a lot to the old gentleman that he would take care of him for the rest of his life. So Mr. Qu transferred the premarital property to Mrs. Zhu's name without telling his children.

The old lady disappeared after receiving the property, and Mr. Qu inquired about it to find out that she had immigrated to the United States. Mr. Qu realized that he had been deceived at this time, so he sued the court to recover the house he had given to Mrs. Zhu. In the end, the judge ruled that Mrs. Zhu had indeed committed fraud, so she revoked the gift agreement and returned the house to Mr. Qu.

It turns out that being carried away by love is not only the preserve of young people, but also of the elderly. Mrs. Zhu's profit-seeking behavior has violated the bottom line of the law. If the old people do things, it is best to discuss it with their children first, and don't act hastily, after all, there are too many tricks now.

The law has no right to take it back, as long as the property is in the name of the old man, and the children have no right to interfere with the decision made while the old man is sober, and the law has no right to take it back.

If the property is owned by the child, or if the child paid for the property, the law has the right to take it back. It is against the relevant regulations for an elderly person to transfer the property out without the consent of his children and without his knowledge.

has the right to take it back, because the woman and the old man are husband and wife, and have the obligation to support each other, the woman abandoned the old man when he was sick and could not take care of himself, and maliciously concealed the fact that she had remarried, went through immigration procedures, violated ethics and morality, and also violated the law. It can be recovered through legal procedures.

Although I didn't study law, I think that the children of the elderly also have the right to inherit the property. After all, the property was obtained by the old man and his ex-wife together. It is not right for an elderly person to transfer his property to the name of his remarried wife without the consent of his children.

The law should take back the rights that belong to the children of the elderly.

Yes. However, it should be established on the premise that the other party is not responsible for the maintenance obligation and the marital situation is deceptive.

The owner of the house is an elderly person who can dispose of the property at will, and it is legal to transfer the house to one of the children, and the other children have no right to interfere. If it belongs to the joint property of two elderly people, and one of them dies and does not leave a will, the transfer of ownership of the house is invalid and should be distributed according to the inheritance.

Legal analysis

If the house belongs to the joint property of the parents, and one party dies without a will, half of the house belongs to the estate, and the other party has no right to dispose of it alone. If the owner of the house is still alive, then he can go to the real estate bureau and transfer the property directly to one child, which is a right granted by law, and other children have no right to claim it. If the ownership of the house belongs to the deceased deceased, then all children have the right to inherit the house.

After the death of the decedent, the property belongs to the decedent's testamentary heirs or legal heirs. If there is a maintenance agreement, the estate will be distributed according to the maintenance agreement, if there is a will, the estate will be distributed according to the will, and if there is none, then according to the relevantLaws and RegulationsDistribution of inheritance. The parents, spouses, and children of the deceased elderly enjoy the right of inheritance in accordance with the law, and under normal circumstances, the deceased elderly have half of the share of the property left behind, and this half share is at the disposal of the surviving parents, spouses, and children.

Therefore, the other children also have the right to inherit, and the transfer of the house to one of the children by another old man is an infringement of the property rights of the other children, and the transfer is invalid, and the other children have the right to get it back.

Legal basis

Article 240 of the Civil Code of the People's Republic of China The owner shall enjoy the right to occupy, use, benefit from and dispose of his immovable or movable property in accordance with law.

Article 1127 Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) Second order:

Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

The elderly are alive and well, according to the law, if the personal house is transferred, it must be a transaction transfer or a gift transfer.

The elderly are alive and have the right to dispose of their personal property, and if it is a transaction transfer, no one can interfere with the normal transfer, and no one will come back.

If it is a gift transfer, there must be a gift contract, the contract is notarized by law, and then the notary fee is paid, and the transfer is paid to pay the gift tax, which is in accordance with the law, and no one should go back. All of the above are the rights of the elderly who are still alive to dispose of their personal property.

There are no rights.

If the property belongs to the elderly, the elderly person has the right to dispose of it, including the transfer of ownership of the property to a child.

The other children are not the owners of the property and have no right to interfere with the old man's actions, and certainly have no right to get it back.

If the old man has transferred the house to a child, there is only one child's name on the real estate certificate, and the other children will not come back, because the house belongs to the person named in the real estate certificate, and the other children will not come back.

If the old man transfers the house to one of his children, the other children have no right to get it back, because the house in the name of the owner is in the name of the old parent, and the old man has the right to dispose of the house.

The property belongs to the elderly, and as an elderly person, he has the right to deal with his own convenience, but as an elderly person, he should still take into account the feelings of all children more comprehensively and try to take care of everyone.

Once the house is transferred to one child, it belongs to that child's property, and the other children have no right to get it back. Unless there is evidence that the transfer is invalid.

The old man transfers the house to one of the children, and the other children have no right to get it back, because the old man not only needs a notarization, but also a will.

Other children have no right to claim. This is the right of the elderly to dispose of their own property.

There is no right, because the will gives a child the inheritance, he has the right to inherit.

No, this is an act of gifting, not an act of inheritance.

No, if you want to give it to strangers, you won't have to go back.

The old man transferred the house to one person, and the other children have no right to take it back. If the old man is willing to transfer his real estate to a person, this is the freedom of the old man, and the children of the old man have no right to take back the real estate that their father and brother have transferred to others to envy and quarrel with, and the old man's own real estate, the old man alone has the final say, and the children have no reason to do things for the old man.

There are two situations: 1. If the house is transferred to another person by way of sale and purchase, and the real estate certificate in the name of another person has been handled, then the property right of the house is transferred and it is not returned. 2. If the transfer is made by gift, according to the gift agreement, if the transferee breaches the contract or violates the provisions of the Contract Law, the transferred housing can be recovered according to law.

There are two cases:

1. If the house is transferred to another person by way of sale and purchase, and the real estate certificate of another person's name has been handled, then the property right of the house is transferred and it will not be returned.

2. If the transfer is made by gift, according to the gift agreement, if the transferee breaches the contract or violates the provisions of the Contract Law, the transferred housing can be recovered according to law.

Article 86 of the Measures for Housing Registration.

Where the ownership of a house is transferred in accordance with the law, and an application for registration of the transfer of ownership of the house is applied, the following materials shall be submitted:

1) Application for registration;

2) Proof of the applicant's identity;

3) Certificate of ownership of the house;

4) Proof of the right to use the homestead or the right to use the land for collectively owned construction;

5) Materials proving the transfer of ownership of the house;

6) Other necessary materials.

Those who apply for registration of the transfer of ownership of villagers' houses shall also submit supporting materials proving that the rural collective economic organization has agreed to the transfer. Where a rural collective economic organization applies for registration of the transfer of ownership of a house, it shall also submit supporting materials with the consent of the villagers' meeting or the authorization of the villagers' meeting and the consent of the villagers' representative meeting.