My father s house was transferred to me, can my wife share it if I divorce?

Updated on society 2024-03-21
31 answers
  1. Anonymous users2024-02-07

    The father's house is transferred to you, it is your personal property, it is the inheritance left to you by your parents, and it has nothing to do with your wife, and your wife cannot share it after the divorce, because it does not belong to the joint property of your husband and wife.

  2. Anonymous users2024-02-06

    This situation depends on whether you are married or not at the time of giving you the property.

    If it is given to you after marriage, it is joint property, and your wife has the right to divide it in the event of divorce. If it is given to you before marriage, it belongs to your pre-marital property, and the wife cannot divide it when you divorce.

  3. Anonymous users2024-02-05

    In fact, this question must be from a practical point of view, when your father transferred the house to you, you were a loving couple, and your wife was also one of the members of your family, and your father was transferring the property to you at that time, depending on the idea that you both had the idea of divorce, it was impossible to transfer the property to you at that time, through this, your father was the real estate transfer to you and the children, etc., unless the real estate certificate is your own name, without your wife's name, otherwise there will be a share of your wife.

  4. Anonymous users2024-02-04

    If your father's house is transferred to you and you are divorced, the wife can also get half of it, because at that time, the transfer was given to you, and you gave it to you during the marriage, which is equivalent to giving it to both of you, so the wife has to share half.

  5. Anonymous users2024-02-03

    If it is transferred before marriage, it is premarital property, and your wife can't share it, and if it is transferred after marriage, it should belong to common property, and your wife has the right to divide the house.

  6. Anonymous users2024-02-02

    If there is an agreement between you and your father before the transfer of the house, and the house is only for you, then your wife cannot divide the divorce.

  7. Anonymous users2024-02-01

    My father's house was transferred to me, can my wife share it if I divorce? According to the current marriage law, the father's house belongs to the father, and after you divorce your wife, he cannot share the house that your father used to give you, because it is not part of your joint property in the marriage.

  8. Anonymous users2024-01-31

    My father's house was transferred to me, can my wife share it if I divorce? I think it depends on your property before and after marriage, if your father transfers the property to you before marriage, he can't share it, if it is after marriage, your wife can share it.

  9. Anonymous users2024-01-30

    In the past, it was necessary to divide. Now the new marriage law stipulates that if the parents give it to the child, then the spouse cannot divide it after the divorce.

  10. Anonymous users2024-01-29

    The father's house is transferred to you, and I personally think that if you divorce, your wife should not have the right to divide the house, because this is not your marital property.

  11. Anonymous users2024-01-28

    Since he has already divorced your wife, he is not eligible to share your father's house, so don't worry too much, if you don't have children.

  12. Anonymous users2024-01-27

    Your father's house is transferred to your private property, and your wife divorces you, he has no right to enjoy it, and he can't share it.

  13. Anonymous users2024-01-26

    The inheritor of the estate belongs to the individual, so it does not belong to the joint property of the husband and wife, and whether it is the joint property of the husband and wife depends on whether the head of the house is a person or a husband and wife.

  14. Anonymous users2024-01-25

    I think that the transfer of your father's house to you should be your own personal property, and I don't think your wife will be able to share it after the divorce.

  15. Anonymous users2024-01-24

    If the other party does not spend any of his money in this house, then he cannot share it.

  16. Anonymous users2024-01-23

    Your father's house is transferred to you, and your wife has no right to divide your property.

  17. Anonymous users2024-01-22

    No, because your father left it to you, and she is not your father's biological daughter.

  18. Anonymous users2024-01-21

    After the in-laws' house is transferred to the husband's name, it belongs to the husband's property, and as long as the marriage relationship exists, there will naturally be a share of the wife. In the future, if the two come to the step of divorce, the house will be the joint property of the two after marriage, and the wife will also have the right to distribute the property at the time of divorce. If the transfer of ownership of the house occurs before the marriage, the house belongs to the personal property of the husband before the marriage, and in this case, he cannot participate in the distribution.

    Real estate is a large commodity with a high value. Many people's marriages are also successful because of the house, and the final failure is because of the house. There are many troubles and disputes surrounding the property rights and distribution of the house.

    The in-laws transferred the house to the husband's name, and such an act will more or less affect the daughter-in-law. Whether a daughter-in-law can allocate the property depends on the following two situations.

    The transfer of real estate occurs in the joint property of the husband and wife before the marriage, so they have the rights and interests of joint distribution, and the same is true for the joint debts of the husband and wife, and there is also the obligation of both parties to repay. Some couples will have a detailed communication about the ownership of the property before marriage. In order to protect her rights and interests, the woman will ask to add her name to the real estate certificate, so that even if it is a pre-marital property, the woman can also have the rights and interests to distribute.

    If the in-laws transfer the property before the marriage, and the woman's name is not on the real estate certificate, the property cannot be allocated. This is the husband's pre-marital property, the ownership belongs to the husband, and the woman has the right to inherit.

    The transfer of real estate occurs after the marriage of the husband and wife, and the property generated belongs to the joint property of the husband and wife, and both have the right to distribute these property. Therefore, when the transfer of real estate occurs after marriage, the woman can participate in the distribution of real estate when she divorces. According to the value of the house, you get your share.

    Of course, this process may not be as smooth as we thought. In most cases, there will be resistance from the man's family.

    Property authorship is a big deal and plays a vital role in our marriage. Therefore, it is best to talk about the topic of property signature and property allocation in front of the topic to avoid misunderstandings and troubles in the later stage.

  19. Anonymous users2024-01-20

    If the other party bought the house in full and only gave it to his son, then he has no right to divide it, and if the house is given to the husband and wife, he can divide the house, or the wife has repaid the loan in this house.

  20. Anonymous users2024-01-19

    At this time, it should be judged according to the notarization of the property of the two people before marriage, if the house belongs to the joint property of the two people, then the wife has the right to divide the house.

  21. Anonymous users2024-01-18

    There is no right, such a situation belongs to the in-laws who donated the house to their husbands, and has nothing to do with themselves.

  22. Anonymous users2024-01-17

    The father's house is transferred to himself, and the wife has no right to divide it when she divorces, after all, the wife and the father do not have any parent-child relationship, there is no inheritance relationship, and there is no gift.

    1. The scope of premarital property, whether it is before marriage or after marriage, the house transferred by the father to him belongs to himself, and this part of the property belongs to the premarital property, and the division of the joint marital property of the two persons at the time of divorce is the same. The father's house is not joint property, so it cannot be divided, and it can only be divided into the house or other property that the two bought after marriage, and it cannot be touched before marriage.

    2. The father's property and house were purchased with the father's money, and it belongs to the father's house, and the wife cannot write on it at any time. I don't have any money to pay for this house, and even my wife doesn't pay a penny, so there is no reason to divide it. Even if the father's house is transferred to him, it still belongs to the man's pre-marital property and cannot be divided in the divorce.

    The current marriage law focuses on protecting personal property issues and avoiding the impact on everyone's property, which is close to everyone's life and avoids all kinds of contradictions.

    Third, the existence of outsiders has no relationship between the wife and the father, and when he and his wife are not divorced, they are still a family, but there is no blood relationship. After his divorce, the other party is an outsider, and he does not have any right to inherit his father's house, let alone have a basis for dividing up.

    Pre-marital property is the protection of personal property, and no one can divide it in the event of divorce. After marriage, the joint property should be divided at the time of divorce, and it is necessary to face the property problem correctly, not to turn the family upside down because of the property problem, even if the divorce is good, it should be good to get together and disperse, and do not let everyone look at themselves differently.

  23. Anonymous users2024-01-16

    If the father's house is divided among himself, the wife has no right to share it when the divorce occurs, because it belongs to the pre-marital property, not the post-marital property, so she has no right to distribute it.

  24. Anonymous users2024-01-15

    There should be no right to share, because this house was transferred to you by your father, so your wife has no share, and this house is also owned by you.

  25. Anonymous users2024-01-14

    Your wife has no right to a share in the divorce because your father bought the house in full.

  26. Anonymous users2024-01-13

    Hello, if there is no other agreement, this property belongs to the joint property of the husband and wife, and the wife has the right to ask for division in the event of divorce.

    The transfer of the house by the parents to your husband is a gift, and according to the law, the property donated during the marriage is the joint property of the husband and wife, so the wife has the right to demand a division in the event of divorce.

    As for the proportion of division, in judicial practice, the judge may also consider the proportion of division according to the contribution value of both parties to the property. Therefore, it will be judged on a case-by-case basis based on your evidence.

    1) Wages, bonuses, and remuneration for 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 item 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.

  27. Anonymous users2024-01-12

    If his parents transferred the house to your husband at that time, they made it clear that it was for the two of you, it belonged to the joint property of your husband and wife, and when you divorced, the woman could share half of the property.

    If it was clearly stated at that time that it was transferred to your husband alone, it would belong to your husband's personal property, and you would not be able to distribute the property when you divorced.

  28. Anonymous users2024-01-11

    As long as you don't participate in the repayment of this house, you can't divide half of it, because people can fully prove that it was transferred by your parents, and it is not the result of your joint struggle! Besides, why are you embarrassed to ask for it? Just get what you deserve!

  29. Anonymous users2024-01-10

    Legal analysis: If the parents transfer the house to their son and daughter-in-law, when they divorce, they can divide it by agreement or by lawsuit. When the parents transfer the house to their son and daughter-in-law, it shall belong to the joint property of the husband and wife, and at the time of divorce, the husband and wife shall dispose of the house, and if the husband and wife can reach an agreement, they may divide it by agreement, and if the agreement fails, the people's court shall make a corresponding judgment based on the specific circumstances of the real estate.

    Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

    1) Wages, bonuses, and remuneration for 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 item 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 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; 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.

  30. Anonymous users2024-01-09

    Legal analysis: The wife has no share. After the child gets married, if the parents directly transfer the real estate to the name of one of their children, it is a gift to their children, which belongs to the children individually, and is not the joint property of the husband and wife.

    The following property is the personal property of one of the spouses: (1) the pre-marital property of one of the spouses; (2) One party receives compensation or compensation for personal injury; (3) The property in the will or gift contract that is determined 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.

    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) Income from production, operation and investment; 3) income from intellectual property rights; 4) Inherited or donated property, except as provided for in item 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 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.

  31. Anonymous users2024-01-08

    Summary. I'm glad you asked, my wife got a suite after the divorce, and my wife's parents were able to transfer the house to their own.

    After my wife divorced, she divided the suite, can my wife's parents transfer the house to themselves.

    I'm glad you asked, my wife got a suite after the divorce, and my wife's parents were able to transfer the house to their own.

    Extended information: Divorce and property transfer procedures: husband and wife sign the divorce agreement, get the divorce certificate, go to the notary office to go through the notarization procedures for property analysis; Then prepare the housing transfer information to the trading center to go through the transfer procedures; After that, the parties go to the Housing Authority to apply for deed tax exemption; The parties shall pay the registration fee in accordance with the law after completing the registration formalities for property separation; Pick up a new title deed.

    Legal basis: Article 209 of the Civil Code of the People's Republic of China: The establishment, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered. Article 210 of the Civil Code of the People's Republic of China The registration of immovable property shall be handled by the registration authority where the immovable property is located.

    The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations. Article 211 of the Civil Code of the People's Republic of China: When a party applies for registration, it shall provide necessary materials such as proof of ownership and the boundary address and area of the immovable property according to different registration items.

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