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Although the property is funded by you, since it is a welfare house of your father's unit and is in your father's name, it should belong to your parents' joint property according to the Property Law. Now that your mother has passed away, all you have to do to maximize your rights is that your father can write a will stating your contribution to the property and the support of both of you, so that half of the property he owns and your mother's share are all inherited by you.
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First of all, as long as you can ask your father to write a certificate that you alone financed the house, and that your father promised to own the house by you.
Secondly, you should have a professional write your contract certificate for you, so as not to leak certain terms and invalidate the contract.
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First of all, the nature of the house should be a house reform. That is, the length of service of your parents is converted into a part of the price. Therefore, even if you contribute all the cash contributions, it does not mean that you have contributed to the purchase of the house.
After establishing this premise. Let's look at the distribution of the house.
The house is theoretically supposed to be distributed in this way, that is, no matter what will your father writes now, half of the house can only go into the distribution process. However, inheritance is also subject to the statute of limitations in civil law. In other words, if you do not sue within two years when you know that your rights have been harmed, you will lose the right to prevail.
According to the above view, the best way to achieve your best interests is to go through the property transfer procedures now.
Because the house is written in your father's name, it should be possible to go through the transfer procedures. This also depends on the specific regulations of the local real estate department, which can be handled by us. In this way, after 2 years, the house will be yours, and your brothers and sisters will not be supported if they ask for a partition.
However, it is important to note that legal inheritance begins without a declaration of renunciation, even if you live there and they do not ask for the division of the house, the inheritance will still begin. Therefore, you must go through the transfer of ownership of the property in order to start calculating the two-year statute of limitations.
Finally, if the transfer process cannot be completed, you can only ask your father to write a will saying that the house is for you.
It's a bit messy, so if there's anything you don't know, ask me again.
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What is Proof of Property? In fact, the real estate certificate is the abbreviation of the house ownership certificate, which includes the "house ownership certificate" and the "land use right certificate", that is, the "house ownership certificate", which is a written certificate issued by the real estate registration authority to prove the ownership of the house. The state protects the legal certificate of ownership of the house in accordance with the law.
Homeowner credentials to manage and use their own home.
The role of the property proof of the mountain trouble:
1. The record certificate of housing sale and purchase is the filing of the commercial housing pre-sale contract, which means that after the real estate development enterprise has obtained the "Commodity Housing Pre-sale License" and the pre-registration notice, within 30 days from the date of signing the "Commodity Housing Sales Contract" with the off-taker, the real estate development enterprise shall apply to the real estate transaction management department within the jurisdiction of the project for the filing of the commercial housing pre-sale contract.
2. Article 45 of the Law of the People's Republic of China on the Management of Urban Real Estate: "The pre-seller of commercial housing shall report the pre-sale contract to the people's real estate management department and land management department at or above the county level for registration and filing in accordance with the relevant national regulations. ”
3. Article 27 of the Regulations on the Administration of Urban Real Estate Development and Operation: "A real estate development enterprise shall, within 30 days from the date of signing the pre-sale contract of commercial housing, file with the competent department of real estate development at or above the county level where the commercial housing is located and the department responsible for land management." ”
4. Article 10 of the Administrative Measures for the Pre-sale of Urban Commercial Housing: "For the pre-sale of commercial housing, the developer shall sign a pre-sale contract with the purchaser. The developer shall, within 30 days from the date of signing, go through the registration and filing procedures for the pre-sale contract of commercial housing with the real estate management department and the municipal and county people's land management department. ”
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1. The following points should be met when writing a certificate:
1. Scope of application. The property rights of enterprises that have been approved and entrusted to a brokerage institution or traded directly on the property rights exchange (hereinafter referred to as the "Industrial Exchange") are applicable. Documents on the ownership of the resort.
2. Regulatory basis. The certificate of enterprise property rights shall be in accordance with the "Interim Measures for the Administration of Enterprise Property Rights Transfer, Several Opinions on Regulating the Transaction of Asset Property Rights", "Interim Rules for Asset Property Rights Transactions of Provincial Property Rights Exchanges" and "
Provincial Property Rights Exchange will be the Interim Measures for the Management of Nuclear Stove Suspects" and relevant laws and regulations.
3. Pre-approval. To be able to issue documents that the property rights of enterprises must first complete internal decision-making, approval, as well as pre-approval procedures such as financial audit, asset appraisal and reassignment, approval or filing.
4. Apply for registration. Stating the document number that has been filed and registered by the property rights department.
5. Transaction verification. If it comes through the transaction, the transferor, the transferee, the subject party, the transferor's entrusted member, the transferee's entrusted member, the transferee's entrusted member, and the industrial and commercial department shall have complete information.
2. Precautions.
1. The handling of the certificate is generally based on the family unit, and the husband and wife can handle it on behalf of each other, and others who need to do it must show the notarial certificate of entrustment, which is quite strict.
2. The issuing authority of the real estate certificate must be the housing management department at or above the county level. If the buyer is buying a house in the city, but it is a rural household registration, then the certificate of the first house should also be issued by the village committee in the rural area, and then the relevant departments of the town and county will stamp the certificate in turn.
3. The certificate needs to fill in the organization of the housing management department where you are located** and the contact of the person who issued the certificate**, etc., and the housing management department of the place where the buyer buys the house will conduct inspection and verification, so you must not forget these important information when issuing the certificate.
3. The process of handling the housing certificate.
1 Appointments. Materials to be brought when making an appointment: original and photocopy of your ID card.
2 Inquiries. It should be a family unit, and those over the age of 18 and under the age of 70 need to be present in person, and cannot be used as an agent, and the agency needs to hold the "Notarial Certificate" of entrustment.
3 What you need to bring: Original and photocopy of ID card; The home page of the household registration book and a copy of the original and personal page; If you have a household registration, you need to open a household registration certificate, the original and a copy, and if you have a minor child, you need to open a household registration certificate, the original and a copy; The original and a copy of the marriage certificate; If you are single (widowed, divorced, unmarried), you must have the original and a copy of the single certificate issued by the Civil Affairs Bureau of the place where your household registration is located. The inquiry should be made on a family basis, and the husband and wife can handle it on their behalf, but other people cannot handle it on their behalf, and only one person from the husband and wife can handle it.
Fourth, the method of opening a house certificate:
If you need to issue a real estate certificate, you can directly bring the owner's ID card, household registration book and other relevant supporting materials to the property rights department of the real estate bureau where the house is located for inquiry, and the real estate bureau will issue a stamped certificate after accepting your application.
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1. The handwritten house certificate has no legal effect.
2. According to the provisions of the Property Law, the ownership of the house is subject to the registration of the housing management department, and the ownership of the house cannot be obtained without going through the registration procedures. Any other form of contract and material cannot prove that the ownership of the house is in bad condition.
Article 9 of the Property Law The establishment, alteration, transfer and extinction of immovable property rights shall be effective and effective upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.
Natural resources that belong to the State under the law of famine may not be registered.
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In the thirty-seventh round, Sima Hui recommended the celebrity again, Liu Xuande looked at the grass house three times, and in the thirty-eighth round, he decided to make a three-point decision, and the battle of the Yangtze River Sun family took revenge.
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1. Materials to be provided for the issuance of housing certificates:
1. Married: provide the ID card, marriage certificate, and household registration book of both husband and wife (mainly showing their children); If there are no children born after marriage, a certificate of non-childbirth (issued by the neighborhood committee, unit or village or town can be provided);
2. Unmarried: ID card and unmarried certificate must be provided;
3. Divorce: ID card, divorce certificate, household registration book, divorce agreement or court ruling and proof of not remarrying since divorce must be provided;
4. Widowed: ID card, household registration book and no marriage registration certificate since the widow (issued by the Civil Affairs Bureau, neighborhood committee, unit or village or town);
5. For foreign household registration: In addition to the above-mentioned corresponding materials, the original certificate of no housing must be issued at the place where the household registration is located.
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Don't know what you're looking for?
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Hello, I want to ask someone else about the house built in my name, and now ask me to sign in his name, is it okay? ,
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The real estate certificate is the abbreviation of the house ownership certificate, which includes the "house ownership certificate" and the "land use right certificate". The owner needs to confirm the developer's right to apply for the real estate certificate. That is, the developer must go through the registration procedures for confirmation of ownership within 30 days after the completion and acceptance of the commercial housing.
Buyers can only apply for the transfer registration of the purchased house and receive the real estate ownership certificate on the basis that the real estate development enterprise has gone through the initial registration and obtained the real estate ownership certificate (commonly known as large property rights). As long as it is a newly built commercial house, regardless of whether it is transferred or not, and how the property rights are finally distributed, at the time of initial registration, the registration authority will directly register all the property rights in the name of the development and operation enterprise.
Real estate is a place with a roof and maintenance structure (with walls or columns on both sides) that can shelter people from the wind and rain and can be used for people to produce, study, work, play, live or store materials. (Source: 2009 CPA National Unified Examination Tutorial Textbook "Tax Law", Chapter 9, Section 1.)
Now the real urgency should be to go through the property registration and transfer immediately, otherwise even the house will not be his. With the title certificate, you can change your household address. Only the ID card and copy of the buyer and the seller, the marriage certificate and the copy of the seller (if you are single, you will provide the single certificate, and if you are divorced, you will need the divorce agreement and divorce certificate), and the house ownership certificate (co-ownership certificate), and the housing authority will have the same **.
1. Proof of housing situation in the place of household registration;
2. Proof of housing situation in the current place of residence;
3. The non-resident household registration shall be issued by the street or local housing management department where the household registration is located.
There is no proof of room. Name: ID number Hukou location This is the home address of the first page of your Hukou book), this address belongs to the owner, the owner of the house is related to the person, and I have no other house in my village.
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