How should an old man, a 60 square meter house, and now a mother and 3 children be divided?

Spouses account for half, and children are divided equally. If you want, sell it for money. The money is also distributed in this way. If the mother has to live, the children have no power to distribute.

Your mother should be the first heir, in this situation, I don't know if your mother has a place to live, if not, you can wait until your mother dies, after selling it for cash, divide it equally, I hope it can help you.

In the case of public housing, the property rights that do not belong to you cannot be divided, and children or other people living with them can continue to live there.

Hello! Here's what you can answer.

1.You say: This 60-square-meter house is an affordable house, so it is not a personal property of my father and cannot be divided.

2.If you have to divide it, you can sell the house, and the money from the sale can be divided. However, the issue of mother's housing must first be resolved.

2.Dad passed away, and because it was affordable housing, Mom and 3 children could continue to live there. They only have residency rights.

It can be transferred to the names of the three children, or the house can be sold and the money will be divided equally.

According to the wishes of the elderly, it can be given to only one person, or the house can be sold and the money can be divided equally.

I feel that if that mother still has the ability to wash her life and take care of herself, she should keep it for her mother first, and if not, it will be for whoever supports the elderly.

It depends on whether the old man has a special meaning? For example, she wants to take care of the child, so she thinks about giving the child more, he can make a will according to his own wishes, if not, after the old man dies, will the house be in accordance with the legal procedures? It is shared with the children.

Legal analysis: if there is no will, the inheritance will be in order, and the heirs in the same order can negotiate to determine the inheritance share; If there is a will, it will be distributed according to the will.

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

Article 1127 Inheritance shall be inherited 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.

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.

Article 1130:The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who have special difficulties in living and lack the ability to work 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.

OK. As long as the will meets the requirements of the law and the expression of the will must be voluntary in the state of the testator's sober state, the will made under duress or deception is invalid.

The basis is in accordance with the Civil Code (as of January 1, 2021).

Article 1133:Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may designate an executor.

A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs.

A natural person may make a will to donate his or her personal property to a person other than the state, the collective, or the legal heirs.

Article 1134: A self-written will is to be written and signed by the testator, indicating the year, month, and day.

Article 1135:A will written on behalf of the testator shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, the scrivener, and other witnesses shall sign it, indicating the year, month, and day.

Of course, it can be given to one person, as long as it is voluntary. And most of the wills are respectful of personal opinions.

If the elderly have multiple children, the best case is to distribute it evenly, everyone has a share, if you only give it to one person, then who will you rely on to support you in the future?

2018-03-29 If the old man has transferred the house to one of the children before his death (the other children are not aware). 2 2017-12-09 The old man has three children, but one of them is not biological, does he have the right to compete for real estate 2 2017-12-19 The old man's house is transferred to one child, and in the future, the other children have the right to divide the house 2

It is okay for the old man to make a will and give the house to one of the children. For the inheritance of a citizen's personal estate, if the owner of the property made a will before his death, as long as the will is legal and valid, he must inherit in accordance with the will; If the owner of the property has not made a will during his lifetime, it shall be inherited in accordance with the law.

1. How to inherit the house after the death of the parents.

The way of inheritance of the house after the death of the parents: If the parents have made a will or bequest and maintenance agreement before their death, it shall be handled in the order that the bequest and maintenance are superior to the will and the will is superior to the legal inheritance. If the decedent does not make a will or bequest and maintenance agreement, it shall be handled in accordance with the legal inheritance of the spouse, children, parents over siblings, grandparents, and maternal grandparents.

2. Is it okay for the old man to make a will and give the house to one of the children?

It is okay for the old man to make a will and give the house to one of the children.

For the inheritance of a citizen's personal estate, if the owner of the property made a will before his death, as long as the will is legal and valid, he must inherit in accordance with the will; If the owner of the property has not made a will during his lifetime, it shall be inherited in accordance with the law.

A will refers to a legal act that takes effect upon the death of the testator and takes effect upon the death of the testator within the scope of the law and in accordance with the law in the manner prescribed by law. A will must be made by a person with testamentary capacity, and it must meet the statutory requirements to be a legally valid will. The ability to be testamentary is called testamentary capacity.

The valid elements of a will include formal and substantive elements. The formal requirements for the validity of a will refer to the form of the will and the provisions of the law. A will cannot be valid if it is in a form that does not meet the requirements of the law.

3. Can a niece inherit her aunt's property?

A niece is generally not allowed to inherit the aunt's estate, unless the aunt has made a will to designate the estate to the niece. The law stipulates that a natural person may make a will to designate personal property to be inherited by one or more of the legal heirs. A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs.

So as long as the will is valid, the niece can inherit the aunt's estate with a valid will.

Civil Code of the People's Republic of China

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 1133:Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may designate an executor. A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs. A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs.

A natural person may establish a testamentary trust in accordance with the law.