My mother in law paid to buy a house, and the real estate certificate wrote my husband s name, do I

Updated on society 2024-04-21
16 answers
  1. Anonymous users2024-02-08

    The mother-in-law paid for the house, and the real estate certificate wrote the husband's name, which is personal property, and if your husband died without a will, you have the right to inherit.

    Legal basis: Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China

    Article 7: Where immovable property purchased by one of the parents for their children after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of their children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the husband and wife.

    Inheritance Law of the People's Republic of China

    Article 5 After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

    Article 9: Men and women are equal in inheritance rights.

    Article 10 The inheritance shall be carried out in the following order:

    First order: spouse, children, parents.

    Article 13: The share of inheritance inherited by heirs in the same order shall generally be equal.

    Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.

    Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.

    If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.

    Where the heirs agree through consultation, it may also be unequal.

    Article 14 Appropriate inheritance may be distributed to persons other than heirs who lack the ability to work and have no livelihood who rely on the support of the decedent, or who do not support the deceased more than the heirs.

    Article 15 The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance. The time, method and share of the division of the estate shall be determined by the heirs through consultation. If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

  2. Anonymous users2024-02-07

    The new title deed has a column that says that if it is not registered as "co-ownership", it is your husband's personal property.

  3. Anonymous users2024-02-06

    Generally speaking, there is no right of inheritance, which is a gift from one party and not the joint property of the husband and wife.

  4. Anonymous users2024-02-05

    Legal analysis: The name of the mother-in-law and the husband on the real estate certificate is divided into the parties: 1. If the house is bought before marriage, and the real estate certificate belongs to the mother-in-law and the husband, then the property right of the house belongs to the mother-in-law and the husband, and has nothing to do with the parties.

    2. If the house is bought after marriage, the real estate certificate is the spouse and mother-in-law of the parties, and the mother-in-law and the husband have half of the property rights, which belong to the husband's half of the property rights, and the parties have half of the rights and interests without a special written agreement between the parties and the husband and wife, and belong to the husband and wife, in this case, 25% of the property rights of the house belong to the parties.

    Legal basis: Civil Code of the People's Republic of China

    Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

    The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties. If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

    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) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 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.

  5. Anonymous users2024-02-04

    No. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (III).

    Article 7: Where immovable property purchased by one of the parents for their children after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of their children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the husband and wife.

    Where the immovable property purchased by both parents is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with the respective parents' share of the capital contribution, unless otherwise agreed by the parties.

  6. Anonymous users2024-02-03

    Hello! The house was bought at the mother-in-law's expense, but the two of you are the joint property. Because the two of you are husband and wife, and the house is also your joint property, and you have the right to dispose of it jointly.

    The house was bought by the mother-in-law, and the husband's name was written, which is the joint property of your husband and wife, not the mother-in-law's.

    The money from the mother-in-law to buy a house is written in the name of the husband, which is the joint property of your husband and wife.

    The house was bought by the mother-in-law, and the husband's name was written, which is the joint property of your husband and wife, not the mother-in-law's.

    How to define the joint property of the husband and wife is determined according to the specific circumstances of your husband and wife.

    If your husband's name is written on the real estate deed, then it is a house shared by the two of you, not your mother-in-law's.

  7. Anonymous users2024-02-02

    If the name of the mother-in-law is written on the house you bought with your own funds, then if the father-in-law is still alive after the death of the mother-in-law, the father-in-law is the daughter of the mother-in-law who is the first heir and also has the right to inherit. If you want to be able to enjoy all the property rights of this property after your mother-in-law is a hundred years old, you can go to a notary office to notarize or ask your mother-in-law to write a will to prove that after your mother-in-law dies, the inheritance of this property will all belong to you, so that your mother-in-law's daughter will not have the right to inherit.

    If there is no justice and no will, after the death of your mother-in-law, both your father-in-law and your sister-in-law will have the right to inherit the property. We must be clear about one thing, that is, in the event of the accidental death of either spouse, the other spouse has the first right to inherit, and the inheritance rights of the children are in second order. Even if you don't have a father-in-law, your sister-in-law will still have the right to inherit the property after your mother-in-law dies.

    So we must be prepared to be able to think about everything if we buy this property with the full amount of our own money, and we must write the mother-in-law's name for special reasons. Then you should go to the real estate notarization, or let the mother-in-law write a will, and be able to find a lawyer to sign the will, otherwise it is very likely that there will be family conflicts and even countless troubles because of this house, which is not uncommon in real life.

    Many people will think that this will not hurt the feelings of family members, after all, is it really necessary for a family to be divided in such detail? What I want to say is that the brothers settle the accounts, even if they are a family, if there is no minimum spirit of contract, then in the end it is only themselves who suffer. In modern society, we must understand that everything must be written on it in black and white, and then we must go to the relevant department to notarize it or invite a professional legal person to participate in the formulation of the contract, so as not to lose ourselves and others.

    There is a saying that is particularly good, home is not a place to be reasonable, but if there is a situation where there is reason to speak, then we will not harm our own interests, and sometimes family members will not reason with you, especially when it comes to their own interests. We can imagine that a property in a first-tier city is worth more than a few million, and at that time, will there really be an emotional existence of the family? If you buy the property with your own full capital and write your mother-in-law's name, then you should let your mother-in-law make justice and write a will, otherwise our money will not be spent in vain?

  8. Anonymous users2024-02-01

    No, even if the title deed is written in the mother-in-law's name, her daughter has the right to inherit it, because the two are related.

  9. Anonymous users2024-01-31

    Yes, if it is considered by normal law, this is the joint property after marriage, so the other party has no right to divide the house.

  10. Anonymous users2024-01-30

    No, as long as the children around you have the right to inherit, it depends on the distribution of house property, according to the legal basis, daughters also have the right to inherit.

  11. Anonymous users2024-01-29

    Legal Analysis: First of all, procedurally. Generally speaking, the divorce court will only deal with the division of property between the husband and wife, if your house has the name of your in-laws, it involves people other than the husband and wife, then in principle, the judge cannot handle the case before the divorce, you must wait for the divorce case to end, and file another lawsuit for division of property, the defendant is your husband and in-laws, so that the property can be divided.

    Legal basis: 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) The first order:

    spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, it will be inherited by the heirs in the first order or in the order of numbers, and the heirs in the second order will not inherit; If there is no first-order heir to inherit, 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.

  12. Anonymous users2024-01-28

    In this situation, if you and your husband pay for it, then if your mother-in-law asks to add her name, she should decisively refuse, and this house has nothing to do with her.

  13. Anonymous users2024-01-27

    If you and your husband paid for this house together, then you should decisively refuse your mother-in-law's request, because this house has nothing to do with your mother-in-law.

  14. Anonymous users2024-01-26

    You can tell your mother-in-law that because the money to buy this house was paid by herself and her husband, and she has nothing to do with her mother-in-law, she will not write her mother-in-law's name.

  15. Anonymous users2024-01-25

    You can cut it first, or negotiate with your mother-in-law, or you can ask your husband to persuade your mother-in-law, or tell your mother-in-law some truths, so that your mother-in-law can understand these practices of the two people, which can reduce family conflicts.

  16. Anonymous users2024-01-24

    This mother-in-law is a little biased and can't figure it out, otherwise, how could she think of using her eldest son's money to subsidize her younger son? The so-called home and everything is prosperous, there is such a mother-in-law, your family is destined to be not very peaceful, in addition to what should be given in the future, it is better to stay away as much as possible, otherwise your life will definitely not be easy. I want you to understand that there is no need to respect such old people and elders who are so heartbroken and whose hearts are darker than pot iron, we can't afford to provoke them, so we can stay away, out of sight, heart**!

    Whoever they love, they will live with! It has nothing to do with us, at most, we will bring some pension money to someone every month, which is justified and has a clear conscience.

    <>But for you, you have to do your husband's job well, but this does not exclude your mother-in-law from communicating with your husband as early as possible, otherwise your mother-in-law will not make this unreasonable request to you, so you have to think clearly, whether the real estate certificate adds your husband's name, you must be cautious, because there are thousands of cases of real estate entanglement, you can't be impulsive and regret yourself.

    This old woman is shameless and has come home, you have to buy a house with your own money, why should you write your brother-in-law's name? You resolutely disagree, if your husband also asks to write it, then this family really can't survive, if your brother-in-law buys a house, as a big brother and sister-in-law, you can contribute some money to help a gang, you have to buy a house to write the name of the brother-in-law, which is too unacceptable. To communicate well with him, you are a main body, and the relationship between the big family is a cooperative relationship, not the relationship between the parent and subsidiary, your economic construction should be based on the development of your own small family, even if your husband does not care about his mother and brother, his interests can not be taken into account, and he cannot be ignored if you are happy.

    If it is completely a woman and she personally finances the purchase of a house, then just write your personal name, and don't write your husband's name. Avoid future disputes. Of course, you must first explain to your husband and clarify your attitude.

    I believe that men with a little ambition will not raise objections. If you don't have any input, and you don't have any requirements for this, then your mother-in-law bought a house with your uncle's name written on it, and then said that you two can live in it when you get married. If you agree to gnaw on this matter, then you are okay if you have picked up a cheap house and don't have to spend money on rent.

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