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Warm reminder from professional marriage lawyers in Beijing: In this case, it is necessary to consider whether there is an agreement between the two of you on the share of the property, and if there is an agreement, the children who are jointly owned by the share will inherit according to the corresponding share; In the case of joint ownership, the inheritance of the property is divided equally among the children.
Legal basis] Article 297 of the Civil Code provides that immovable or movable property may be jointly owned by two or more organizations or individuals. Co-ownership includes co-ownership and co-ownership.
Article 298:A co-owner shall enjoy ownership of the immovable or movable property jointly owned in accordance with his share.
Article 299:Co-owners jointly enjoy ownership of the immovable or movable property jointly owned.
Article 300 The co-owners shall manage the jointly owned immovable or movable property in accordance with the agreement; If there is no agreement or the agreement is not clear, each co-owner has the right and obligation to manage.
Article 303:Where the co-owners agree not to divide the jointly owned immovable or movable property in order to maintain the co-ownership relationship, it shall be in accordance with the agreement, but where the co-owners have major reasons to need to divide it, they may request division; If there is no agreement or the agreement is not clear, the co-owners may request division at any time, and the co-owners may request division when the basis of the co-ownership is lost or there are serious reasons for the division. Where the division causes harm to other co-owners, compensation shall be given.
Article 304:The co-owners may negotiate to determine the method of division. If no agreement can be reached, and the jointly owned immovable or movable property can be divided and the value will not be diminished due to the division, the physical property shall be divided; Where it is difficult to divide or the value will be diminished due to division, the price obtained from the discount, auction or sale shall be divided.
Where the immovable or movable property obtained by the co-owners is defective, the other co-owners shall share the losses.
Article 1123:After the commencement of succession, it shall be handled in accordance with 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 1127 The inheritance 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.
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Your spouse, children, parents continue your portionHer spouse, children, parents continue her portion. Continue like everyone else, but yours are a little more complicated.
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If there is no other written proof, the property rights of the house can only be divided in half.
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The real estate deed writes your name, your sister-in-law's name, the house is one and a half of you and your sister-in-law, and half of your children are inherited.
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Later things will be solved by later generations. It is better to cultivate children than to inherit things outside the body. The child will develop in the future and don't care about this. That's the real thing.
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When the time comes, you can divide the property equally with your sister-in-law according to the market.
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You and your sister-in-law can make a will notarized and distribute the property, which can avoid future disputes.
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1.You and your sister-in-law have no inheritance relationship with each other.
2.Write your and your sister-in-law's names on the title deed: in the future, if one of the parties dies, half of the house will be yours. The other half is your sister-in-law's personal property, or your brother and sister-in-law's marital property.
3.The part of the house that belongs to you: If you leave a valid Will or bequest maintenance agreement, inherit it according to the Will or bequest maintenance agreement.
If you do not leave a valid will or bequest and maintenance agreement, it will be treated as legal inheritance and should be jointly inherited by your spouse, children and parents.
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Depending on the share of you and your sister-in-law on the real estate certificate, it is generally written that the names of two people are 50% share, but there are also not equal. If one of you and your sister-in-law dies, your respective children will inherit your respective share of the house, whether to cash it out or whether the house is negotiated.
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The house belongs to you and your sister-in-law.
Do you share in it, or do you share it together?
If by share, whose x%, y%. Co-ownership means half of each.
Each child inherits from his parents.
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The title deed has my parents' and my names on it, and the inheritance method is as follows:
1. Under normal circumstances, there are names of parents and children on the real estate certificate, and children do not need to pay inheritance tax after the death of their parents, but only need to go notarized, exempt from business tax and personal income tax, and pay notary fees when fair.
2. To go through the notarization first, the materials that need to be submitted are the certificate of the decedent's death, the property right certificate or other vouchers of the house, the household registration book or other documents that can prove the kinship between the decedent and the legal heir, the identity certificate of the heir and other documents required by the notary office. A notarized inheritance with a will requires more than the latter to provide a notarized will.
Precautions for inheriting an estate:
1. If the decedent signs a bequest and maintenance agreement with a citizen other than the relevant collective organization or the legal heir during his lifetime, and transfers his property to the dependant who bears the obligation of birth, support, death and burial, the supporter will obtain the inheritance according to the agreement between the two parties, that is, the inheritance right of the legal heir is excluded from the bequest and maintenance agreement.
2. If the decedent makes a will in accordance with the law during his lifetime, designating his property to be inherited by one or more of the heirs, or donating his property to a person other than the state, the collective or the legal heir, the designated heir or donee will receive the inheritance according to the will, that is, the will excludes the inheritance rights of legal heirs other than the testamentary heirs.
3. If the deceased has not made a will or bequest and maintenance agreement to dispose of his own property, his estate will be inherited by his legal heirs in accordance with the law in accordance with the law. <>
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Summary. Your question is really a bit complicated, I need to understand all love before I can help you conduct an effective analysis, so let's say a few things you need to know about the case, you can talk about the corresponding part in detail according to what I said, and I will help you conduct an in-depth analysis.
Your question is really a bit complicated, I need to understand all love before I can help you conduct an effective analysis, so let's say a few things you need to know about the case, you say in detail according to what I said Sun accompanied the corresponding part of the loss, I will help you carry out a stupid in-depth analysis.
First of all, is this property owned by you alone before you get married, or is it purchased together with your stepmother after marriage The second question, this property is written with the name of a few arguments, and what is the agreed proportion of each person's Gao Xiang distribution? Question 3, do all three of you agree to dispose of this property now?
We started a business together as a husband and wife, and then went back to the house in our hometown to write the name of our stepson.
We took more than 700,000.
My stepson never participates and doesn't live with us, which means that when my husband dies when I'm old, I can't live there, he has the power and doesn't live with me.
Just picked it up last year, hello. Then why don't you go to court and sue the gift contract for invalidity.
His dad writes his stepson's name.
If you pay, you have the right.
This is important to see if the house was acquired after marriage, and if so, you have the right to claim that the contract is invalid.
It's all paid by our husband and wife.
That's good, since it's your husband and wife who pay for it, then it means that the child's father writes the son's name alone, this behavior is an illegal disposition, and it is a disposition without authority, you can go directly to the court to sue to confirm that the gift contract is invalid, and ask the court to rule against the compulsory withdrawal of the gift contract, so that the child's name can be canceled.
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