How to divide the compensation house for three generations, and the property is the name of the elde

The property belongs to the elderly, and if the old man is alive, others have no right to share it. When the old man is gone, as an inheritance, if the old man does not have a will, his children are the first-order heirs, and the grandchildren cannot inherit, only his children are divided equally.

The elderly have 100% property rights, how to divide the elderly.

It's up to the old man to divide it however he wants, but it's good to be fair. Don't get involved in too many opinions.

Your question is divided into two legal issues: one is the issue of property inheritance, the current national law stipulates that if the old man has a notarized will, it will be executed according to the notarized will, if the old man does not leave a will, another old man has 50% of the inheritance rights, and the remaining 50% is inherited by other legal heirs. I'm sorry not to curse your family, but if you are the last old man, according to the law, the children should be divided equally.

Second, there is no way to actually divide the property, although the law does not recognize the house with small property rights, but the house with small property rights can still be listed, and the sale price can be divided equally, but when selling the house, all your beneficiaries and heirs must sign and agree to sell the house, in case there are disputes in the future that affect the relationship. Finally, I would like to say from the bottom of my heart, being in one family is fate, don't really break up for the sake of the Qian family. Everyone agrees well, and it is good for everyone to write an agreement together.

If the old man did not leave a will. All estates in an individual's name are inherited equally by their parents.

The old man has the final say, and the descendants are quiet!

If it is a house that the elderly man bought with his daughter. The house was supposed to belong to the two of them. But the title deed is in the name of the old man, and that comes according to the owner of the title deed.

It's the old man's house alone. How to divide it is up to the old man to decide. If the daughter does not agree, then please prove that the house was purchased by two people, and if there is a loan.

Proof of payment of the loan. If proven to be true. The old man can only share the property that belongs to him, for example, the old man accounts for 30%, then he can only share the 30% to the children, and the remaining 70% belongs to the daughter, and the old man has no right to divide.

It stands to reason that, of course, according to the amount of the daughter's contribution, it is reasonable to first divide the daughter's contribution and return it to the daughter, and then divide the remaining three children equally.

According to the law, if the daughter cannot provide proof of contribution, and the property is divided into three children, it is disputed. The court will award an equal split.

Now that the old man is still alive, of course, it is more reasonable to divide it directly according to the first way.

The real estate certificate is the name of the old man, so the property right of the house belongs to the old man. You can add the names of both parties through the title deed to divide the property equally.

There are three main types of cases in which the name and processing fee are added to the real estate certificate:

The first case: there is a house but no loan.

The process is:

1. Bring the original and photocopies of the three certificates (marriage certificate, ID card, real estate certificate).

2. Go to the real estate trading center in the area where the house is located, first inform at the pre-inspection window that you are here to handle the real estate certificate to add the name of your spouse, and the window staff will review the materials submitted, and if the materials are complete, you will be given a number, and then go to the relevant window with the number.

3. The cost of adding the name to the real estate certificate: 110 yuan handling fee, the details are as follows: 80 yuan production cost, 25 yuan cadastral map fee, 5 yuan sticker cost, if it goes smoothly 20 days later, you can get a new real estate certificate.

4. You can set a password for the new real estate certificate, and the real estate transaction center will inform you of an initial password, and then you can change it yourself.

The second situation: there is a house and a loan.

The process is:

1. Go to the bank first to go through the mortgage change procedures (please consult the bank for details).

2. The cost of adding the name to the real estate certificate: in addition to the above 110 yuan handling fee, if the loan is a pure provident fund, an additional 100 yuan needs to be paid; If the loan is in the form of a combination (provident fund + commercial loan), you need to pay an additional 200 yuan.

3. Other steps are the same as "having a house without a loan".

The third situation: If you are not married or have no direct blood relationship, you need to add your name to the real estate certificate, and the situation will be much more complicated, because it will be regarded as a house sale, and you need to pay the following fees.

1. Transaction fee per square meter.

2. For less than 5 years, the business tax plus 1% tax adjustment (the time period from the date of issuance of the property certificate to the transaction date has not ended), and it is not required for 5 years.

3. Stamp duty of 5/10,000.

This contract is about 5 yuan per book (different from each district trading center).

5. The man transfers 50%, and all taxes are calculated according to the market**, if the tax value of the house is 1 million, it is 500,000.

6. If there are several people on the property certificate who transfer, the rights and interests of the property certificate shall be divided equally.

The real estate certificate (premisespermit) is a document that the buyer obtains the legal ownership of the house through the transaction, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law. That is, the "Housing Ownership Certificate" is a legal certificate for the state to protect the ownership of the house in accordance with the law. Homeowner credentials to manage and use their own home.

The property registered in the name of the elderly should belong to the legal property of the elderly. The elderly have the right to dispose of it.

Depending on the information you provide, it is not possible to transfer the ownership. Unless the old man has a will, and it is notarized, the inheritance of the designated house belongs only to the children who hold the title deed. But even so, you still need to pay the response tax first (inheritance tax is the majority) before you can transfer the ownership to your name and then sell it.

If there is no will, according to the distribution of legal inheritance, several children will get a corresponding part of the property according to different circumstances, please consult a lawyer or the court for details.

The word "demolition" is no longer used, and now it should be called "housing expropriation", and housing expropriation is generally in the form of monetary settlement.

The property owner of the house (the elderly) has the right to dispose of the property, and if the old man dies, if there is a will, it will be settled according to the will, and if there is no will, it will be resolved according to the heirs, and if the negotiation fails, the court can make a judgment.

No. The property is also one of the inheritances, and will be divided equally with the other estates. Of course, in many cases, things like houses that cannot be divided equally will be divided through negotiation. For example, the town of kina gets a house and compensates other people in monetary terms.

The State implements a real estate registration system, stipulating that the property rights of houses belong to the registrant of the real estate certificate, and the rights and interests are protected by law.

If the registrant of the real estate certificate is in the name of the elderly, the property rights of the house belong to the elderly.

Children who contribute capital can claim claims against the elderly on the basis of the proof of capital contribution, and may require the elderly to repay the money, but it has nothing to do with the property rights of the house.

Property Law: Article 17 The certificate of ownership of immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

Judicial Interpretation III of the Marriage Law:

Article 12: During the existence of a marital relationship, where both parties use the joint property of the husband and wife to purchase a house in the name of one of the parents, and the property rights are registered in the name of one of the parents, and at the time of divorce the other party claims that the house be divided according to the joint property of the husband and wife, the people's court will not support it. The capital contribution made at the time of purchase of the house can be treated as a creditor's right.

Is this statement fair? As long as there is evidence to show that the construction of that one building fell through in the end, there is a problem with the law.

If there is a will, then the property of the old man can be inherited and distributed according to the will, if there is no will, or there is no way to prove the existence of a will, then the property of the old man can only be distributed according to the legal inheritance, that is, the three sons should be divided equally.

The title deed is the name of the old man, and the house belongs to the inheritance after the death of the old man. If the old man has a legal will to leave the property to the third son, the third son can inherit it independently, otherwise, the three sons can only divide the property equally.

Negotiate points, see if there is a will, if not, the inheritance, the heirs according to the number of shares.

Is your grandfather just your father's son? Do you have a wife, if there is, then it depends on whether there is a marriage certificate, if there is, then she has 50% of the joint property, and the remaining 50% is yours, if not, then it depends on how many sons your grandfather has, if your father is the only one, go and do justice to the property, if there is, then it will be divided equally, if there are both, then you only have 50% of the property divided equally, and the other 50% is your grandfather's wife.

You need to go to the notary office to go through the notarization procedures before you can go through the transfer procedures.

In this case, the general law determines that the property right of the house is subject to the property owner, although the house was bought by your father, but the name of the property owner is your grandfather's, that is to say, the law recognizes that the house is your grandfather's property, if your father's brothers and sisters have no one to earn the property right, then the owner must write a written certificate of renunciation of inheritance rights to the notary office for notarization, and finally go to the housing authority to go through the inheritance procedures, write your father's name. But if one of your father's siblings wants to fight for the property, it will be very troublesome, and there was a case like this, and then the lawsuit ruled that the person with the right to inherit was divided equally.

The other heirs of the estate issue a notarial deed to renounce the inheritance of the house.

Go to the real estate to go through the procedures for the transfer of the real estate certificate.