If the title deed is in the name of the husband s father, can the wife continue to live after the hu

Updated on society 2024-03-22
38 answers
  1. Anonymous users2024-02-07

    This question is broad, and the answer is as follows: if the title deed is in the name of the husband's father, but it is actually purchased with the joint property of the husband and wife and has been inhabited by both parties, and the name of the father's father is temporarily used only for the smooth purchase of the house, then the actual rights to the house should belong to the husband and wife, and the wife shall have the right to inherit the husband's estate (including the property) jointly with the husband's other heirs after the husband's death.

    If the husband and wife contribute to the purchase of the house and register the house in the name of another person, but the husband and wife actually live together, it can be defined as "borrowing a name to buy a house" at the legal level. According to Article 143 of China's Civil Code: "Civil juristic acts that meet the following conditions are valid:

    1) The perpetrator has the corresponding capacity for civil conduct;

    2) The meaning is genuine;

    3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs"; Article 15 of the Guiding Opinions of the Beijing High People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Housing Sales Contracts: "Where a party agrees that one party purchases a house in the name of another person and registers the house in the name of another person, and the borrower actually enjoys the rights and interests of the house, and the borrower requests the registrant (the issuing person) to register the transfer of ownership of the house in accordance with the contract, it may be supported." However, the house cannot be registered for transfer due to the seizure by the creditor of the registrant or other reasons in accordance with the law, or the interests of a third party involved in a bona fide transaction.

    Where one of the parties provides evidence to prove that there is indeed a capital contribution relationship in the purchase of the house, but it is insufficient to prove that there is an agreement between the parties to register in the borrowed name, and its claim to confirm the ownership of the house or require the registrant to register the transfer of ownership of the house shall not be supported; If it separately claims the creditor's right of capital contribution from the registrant, it shall be handled in accordance with the relevant laws and regulations according to the nature of the capital contribution. It can be seen that after the death of her husband, the wife can sue the husband's father for the purpose of buying the house in his name, and demand that the house be transferred back to his name. Later, in a separate inheritance dispute, he jointly inherited the husband's estate with the husband's legal heirs.

    After the inheritance is completed, if the ownership of the house belongs to the wife, the wife must have the right to live in the house.

  2. Anonymous users2024-02-06

    If his father agrees that his wife can continue to live, if the relationship is not good and he does not agree, his wife will have to move. After all, the house belongs to the husband's father, and the wife has no right to continue to live in it.

  3. Anonymous users2024-02-05

    Yes, although your husband has passed away, as long as you don't remarry, you are still a family, after all, there are still children, the old man has to look at the child without looking at it, the child is the heart of the old man, if you remarry, it is not necessarily, after all, the house is your father-in-law's, he has the right to decide, and your children have the right to subrogation.

  4. Anonymous users2024-02-04

    Whether you can live or not, you need the consent of your husband and father. Because the owner of this house is the property of your current father-in-law, and you want to live in this house, you should ask for your father-in-law's consent.

  5. Anonymous users2024-02-03

    If the title deed is in the name of the husband's father, can the wife continue to live after the husband's death? If the real estate certificate is in the name of the husband's father, the husband has passed away, and the wife has not remarried, she can continue to live, and she must have a good relationship with the husband's father, be under the same roof, and help each other.

  6. Anonymous users2024-02-02

    Yes, after all, after the death of your husband, as long as you don't want to get married, basically your parents-in-law will not drive you away, unless you don't want to or your mother-in-law and daughter-in-law have a bad relationship.

  7. Anonymous users2024-02-01

    If your husband's father's name is on the title deed, and your husband has passed away, you can continue to live there, and you can go to the notary office. Go for a notary. If your husband's father has other children.

    You can go to the notary office. Go and prove. You are you.

    Husband's wife, you can get a marriage certificate. This house if. What is there to say.

    Is it for you, or is there something else to say? You can go on and stay.

  8. Anonymous users2024-01-31

    You should be able to continue to live, provided that when your husband is alive, the relationship with your parents-in-law is very harmonious, your husband dies and leaves, you don't have a house, the old man will let you continue to live, if your relationship is not good, you may not be able to live, this relationship with the old man is crucial.

  9. Anonymous users2024-01-30

    The real estate certificate is in the name of the husband's father, after the husband dies, the wife can continue to live, you can continue to live, if the in-laws let you live, you can continue to live.

  10. Anonymous users2024-01-29

    You can continue to live, although your husband has passed away, you are still their family, it doesn't matter if you continue to live, unless you remarry, their family will not let you continue to live.

  11. Anonymous users2024-01-28

    The real estate certificate is in the name of the husband's father, and now the husband has passed away, if you don't remarry, you can live in it, but you don't have the ownership of the house, you can have the right to live, if you stay at home and serve the elderly, depending on the meaning of the old man, it is possible that the house will be transferred to you.

  12. Anonymous users2024-01-27

    The name of the husband's father is written on the real estate certificate, and if the wife does not remarry after the death of the husband, she can still live there.

  13. Anonymous users2024-01-26

    You should be able to continue to live, because you are not divorced, your husband has passed away, you have not remarried, and you are still a member of the family, so you can continue to live.

  14. Anonymous users2024-01-25

    If the real estate certificate is in the name of the husband's father, after the husband's death, the daughter-in-law has not remarried and the father-in-law agrees to the daughter-in-law to live, you can continue to live.

  15. Anonymous users2024-01-24

    Of course you can continue to live, as long as you don't remarry, you can live forever, because you are a child. You belong to this family, and no one has the right to drive you away.

  16. Anonymous users2024-01-23

    If the real estate certificate is in the name of the husband's father, after the death of the husband, the wife can live in it, and the consent of the husband must be sought.

  17. Anonymous users2024-01-22

    If the title deed is in the name of the husband's father, after the husband dies. The wife can continue to live, because the husband is the heir to the father's house, even if he dies, there is a subrogation, and it is still possible to live

  18. Anonymous users2024-01-21

    If the title deed is in the name of the husband's father, the wife can continue to live in it after the husband's death. Unless the wife has a house elsewhere. And there is a dispute with her husband's father's family.

  19. Anonymous users2024-01-20

    If you do not remarry and live in harmony with your parents-in-law, you can continue to live. If you marry someone else, your parents-in-law allow you to live there, and you can continue to live. If you don't agree to continue living, you can't live anymore.

  20. Anonymous users2024-01-19

    The real estate certificate is the name of the husband's father, and after the death of the husband, the wife is still a family without remarriage, and it should be possible to continue to live!

  21. Anonymous users2024-01-18

    You can continue to live there, but you have to discuss with your father-in-law, and your father-in-law agrees to continue living, and if your husband sells the house, you have to vacate the house.

  22. Anonymous users2024-01-17

    The title deed is in the name of the husband's father, so the husband's father and their mother are the co-owners of the property. So after the death of the husband's father, the wife can still continue to live here.

  23. Anonymous users2024-01-16

    It should be okay, although the husband has passed away, as long as you don't go to find the object, you are still a family, after all, there are still children, the old man has to look at the child without looking at it, the child is the heart of the old man, if you really go to find the object, then it is not necessarily, after all, the house is your father-in-law's.

  24. Anonymous users2024-01-15

    Your husband has passed away. If you have not remarried. You can still keep doing this house.

    If you're married. Your husband can not let you live at all. Suppose you have children to raise.

    The child is still your husband's family, and if you discuss it with your father-in-law, it may be possible for you to continue to live.

  25. Anonymous users2024-01-14

    It is possible to live. If you are no longer married. And there are children to raise. You have the right to live. If you remarry. My husband can let you move out. Go live with your current husband.

  26. Anonymous users2024-01-13

    Since the real estate certificate is in your husband's own name, after your husband dies, if your husband also allows you to sponsor it, then you can continue to live, if you are not allowed to live, then you will not be able to live.

  27. Anonymous users2024-01-12

    It is possible to continue to live. However, after the death certificate of the other party is issued and submitted to the Civil Affairs Bureau, the marriage relationship will be dissolved. Therefore, it is best to negotiate with the father of the other party on the issue of residence.

  28. Anonymous users2024-01-11

    If the title deed is in the name of the husband's father. After the death of the husband, the wife has the right to inherit the husband's estate, but the husband's father's house is not the husband's inheritance. So the wife has no right to live.

  29. Anonymous users2024-01-10

    The house is in the name of my husband's father, and although my husband has passed away, I don't think your husband's father will let you live in it! If you remarry or remarry, the old man can only continue to live if he agrees, if the old man does not agree, then you have no inheritance or residence.

  30. Anonymous users2024-01-09

    It needs to be handled on a case-by-case basis. If the house is the husband's pre-marital personal property and has nothing to do with the wife, then the wife has the right to dispose of the house regardless of whether the wife dies or not. If the house is jointly owned by the husband and wife, after the death of the wife, part of the wife's share needs to be inherited, and the husband cannot directly dispose of the house.

    If the wife has left a valid will, the inheritance shall be carried out in accordance with the wife's will, and if the wife has not left a will, the legal inheritance shall be carried out, and after the inheritance is completed, the husband shall dispose of the personal part of the house.

    Analysis and Citation].

    1.According to Article 1063 of the Civil Code of the People's Republic of China, the following property is 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 side.

    3.According to 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 is 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.

    4.According to Article 1127 of the Civil Code of the People's Republic of China, the inheritance of the estate 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.

  31. Anonymous users2024-01-08

    If it is joint property after marriage, the part of the property belonging to the wife is the inheritance, and the husband has half of the inheritance, and the remaining part is inherited by the wife's parents and children separately according to the head.

    Therefore, as long as the house is the joint property of the husband and wife, and the wife's children or parents are still alive, then the husband cannot dispose of the property alone, and the consent of the other heirs must be obtained.

  32. Anonymous users2024-01-07

    The right to process, but not to do so. If the property is the joint property of the husband and wife, 50 per cent of the wife is the living husband and wife, 75 per cent is the husband of the wife's death, and the other 25 per cent is inherited by the wife's parents and children.

  33. Anonymous users2024-01-06

    If there is no testament, there is no right to deal with it.

    Because the property is owned by half of the wife, when the wife leaves, her heirs inherit jointly, and the husband is only one of the first-order heirs and has no right to interfere with the foundation of the other heirs (her parents and children).

  34. Anonymous users2024-01-05

    If the title deed is in the name of the upper bunk, then they are also the joint property of the husband and wife. After the death of the wife, the husband has the right to deal with it, because the wife is gone. Then it belongs to the husband's personal property.

  35. Anonymous users2024-01-04

    Right to dispose of.

    The real estate deed is the husband's name, and after the death of the wife, the husband is the heir and the head of the household, and of course he has the right to dispose of it.

  36. Anonymous users2024-01-03

    Of course there is, it was originally the husband's name, of course, it can be disposed of, if it is bought by the joint property of both parties, the wife's parents also have the right to inherit, and they have to compensate the father-in-law and mother-in-law for a certain percentage of the money, depending on whether the other party wants it, and some fathers-in-law and mothers-in-law will not want this kind of money, if they want it, it is about one-third of the proportion

  37. Anonymous users2024-01-02

    The real estate deed is in the husband's name, but it is still the joint property of the husband and wife, the wife has passed away, and half of her immediate family members have the right to inherit, you need to obtain the consent of the heir of the first procedure, go to the notary office to notarize, sign and draw, and give up the right to inherit before you have the right to deal with it.

  38. Anonymous users2024-01-01

    The real estate certificate is the name of the doctor, after the death of the wife, if it is the husband's house before the marriage, it is the pre-marital property, and the doctor has the right to dispose of the property, if it is the marital property, then the husband cannot fully handle the property, and must be divided equally with all the family members to deal with the property.

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