How our property should be distributed

The landlord generally determines whether a property is the joint property of the husband and wife, and the key depends on whether the property right is obtained during the existence of the marital relationship between the husband and wife.

Given the circumstances you gave in your question, it will be difficult to conclude that the property belongs to you alone in the event of a divorce.

Taking a step back, even if the time of acquisition of the property right is determined, that is, the registration time on the real estate certificate, it cannot be determined that it is owned by you alone, because you said that the certificate clearly states that there are co-owners.

In this case, the division of property is generally one and a half. There is no share of your son – only after the death of the owner of the property can his children have a interest in the property after the inheritance begins.

Hope it helps.

In general, the ownership of the property is subject to the title deed. If you are a husband and wife, it should be the joint property of the husband and wife. However, if you can show evidence that the property is your pre-marital property and that it was not a gift from your parents or a joint inheritance between your spouses, your wife may not participate in the division.

Otherwise, it should be your joint property, which should be divided jointly in the event of divorce, and your son should be left with his portion.

The house is the joint property of the husband and wife, and you divorce the wife and divide it as the joint property of the husband and wife.

Lawyer Yuan Shuzhen.

For property inheritance.

Order: There is a will to inherit according to the will, and there is no will to inherit according to the legal order. According to Article 10 of the Inheritance Law, the inheritance shall be carried out in the following order:

First order: spouse, children, parents; 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. If there is no first-order heir, the second-order heir shall inherit.

For the distribution of real estate: the share of inheritance inherited by the heirs in the same order should be equal in principle. However, there are exceptions, such as for heirs who lack labor force who are living in difficulty and heirs who have fulfilled the main obligation to support the deceased, when distributing the inheritance, it may be appropriately divided.

Legal basis: 1. Inheritance Law of the People's Republic of China.

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

First order: spouse, children, parents;

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. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

2. Article 13 of the Inheritance Law of the People's Republic of China 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.

In the transaction of housing sales, some developers or unscrupulous sellers ignore the legitimate rights and interests of the house buyer in order to earn high profits, and sell more than one house of commercial housing, defrauding the house payment, causing a lot of losses to the buyers. And for home buyers, what should they do if they accidentally encounter multiple sales of one house? In order to avoid huge losses due to multiple sales of one house, who owns the house when people encounter two sales of one house when buying a house?

Let's find out more below.

Division of the House, Inheritance Act, Article 10: The inheritance of the estate shall be in the following order: First order:

Spouse, children, parents. That is, your grandparents, your mother, yourself, can be heirs. Second order:

Siblings, grandparents, maternal grandparents. That is, your aunt and uncle have no right to inherit, because as long as someone in the first order is alive, the second in order has no share.

Your grandfather is dead, and your grandfather is gone. The rest of your "grandmother" analysis is a little deeper, but I think you can still understand it, or Article 10: Paragraph 5 of the Inheritance Law - Parents mentioned in this Law, including biological parents, adoptive parents and step-parents who have a dependent relationship.

Do you know what your "grandma" is related to your father? It is a stepmother who has no custody relationship. It is a "stepchild and stepparent relationship without a dependency relationship" in China's "parent-child relationship" (refers to the rights and obligations between parents and children, called parent-child relationship) includes:

The parent-child relationship of natural blood relatives and intended blood relatives ,—— natural blood relatives is the relationship between your mother and you, your grandfather and your father. - Proposed blood relative, 1. It is to adopt a baby as a son, raise him, and form a proposed blood relationship (parent-child relationship) with a dependency relationship, 2. A man loses his wife and has two sons, the younger son is still underage, the eldest son has become an adult and goes out to work (no need to rely on his father and stepmother to raise him), and the minor younger son has to be raised by his father and stepmother, and this stepmother is the stepmother of the younger son who has a dependency relationship--- which is also another kind of pseudo-blood relationship; The eldest son is also called his father's current wife and stepmother, but there is no support relationship between them, and they can only belong to the relationship of in-laws, not to the fictitious blood relationship.

Therefore, the above clause stipulates that the step-parent who has a dependency relationship can become the heir in the first order.

Now the property is divided between you and your mother, how to divide it? The house belongs to the property of your father and your mother's marriage, that is, the joint property, half of which belongs to your father, and half of which belongs to your mother, and you can only inherit it, and half of the property, that is, you and your mother share half of the property,—— that is, you have one-quarter, and your mother has three-quarters (and a quarter is inherited).

Oh!!! There are some corrections, your grandfather died later than your father, which is not the case, your father's half is divided into three, that is, you are divided into sixths, your mother is divided into four-sixths, and your grandfather is divided into sixths.

After your grandfather's death, his sixths plus his other property will be divided into quarters, that is, you will get a quarter (you belong to the subrogated heirs, that is, you will inherit your father's right to inherit your grandfather's property), your uncle will receive a quarter, your aunt will receive a quarter, and your "grandma" will be divided into a quarter (if your grandfather does not make a will, it will be divided among the four of you by adding one-sixth of his inheritance to your father, and if your grandfather has a will, then it can only be divided according to your grandfather's will. ）

You can understand what I'm talking about, right? I hope my analysis can help you.

Property Law Article 2 This Law shall apply to civil relations arising from the ownership and use of things.

For the purposes of this Law, the term "property" includes immovable and movable property. Where the law provides that rights are the object of real rights, follow those provisions.

For the purposes of this Law, the term "property right" refers to the right holder's right to directly control and exclusively over a specific thing in accordance with the law, including ownership, usufruct and security interest.

The two concepts of house and real estate are not equal, it is one thing to turn the real estate upside down, and it is another thing to obtain the house, do not confuse, that is, the acquisition of the house can definitely have the property right, and the reverse obtained the real right may not necessarily be able to get the house, the acquisition of the property is not the scope of application of the property law, and the corresponding property right can be extinguished if the house is not obtained according to law. You should be careful to keep the proof of the money, because buying a house is a legal way to acquire a house, and only more than one person in the family can pay for it.