Please help answer your questions about property if you know the law

The question is simple.

If your father's house was bought before the marriage, then it belongs to your father's private property. After your father's death, the property is divided into five parts: your share, your stepmother's share, your brother's widow's share, and your grandparents' share.

Then you must have the ownership of this part of the estate, this is a property right, there is no statute of limitations, you can sue, and the evidence can be obtained.

If the house was purchased after the marriage (meaning the beginning of the registration of the marriage), or if both parties jointly paid for the purchase of the house, then the house should be divided into: half of the property of your stepmother (joint property of the husband and wife) and the other half according to the above inheritance.

With regard to child support, your stepmother still has a maintenance obligation to you because your stepmother and your father's marital relationship still existed at the time of your father's death. However, alimony is subject to a statute of limitations, which is two years, i.e. alimony before two years is not protected unless you have evidence that you have been pursuing alimony for more than a decade.

About upbringing: Section.

1. Your biological mother has passed away, and if your father remarries and you live with your father or stepmother, you should still bear the obligation to support your stepmother after your father dies.

In accordance with article 27 of the Marriage Law.

There shall be no abuse or discrimination between stepparents and stepchildren.

The rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him shall be governed by the relevant provisions of this Law on the relationship between parents and children.

During the marriage between your father and stepmother, your stepmother lives with you and educates you, and the relationship between you and your stepmother shall be governed by the provisions of the Marriage Act on the relationship between parents and children, and this relationship shall no longer be affected by the marriage with which your father's death ends. In this case, your stepmother should be responsible for your support.

Clause. 2. If you have not lived with your father or stepmother since your father remarried, then only your father has the obligation to support you, and your stepmother has no obligation to support you after your father's death.

About inheritance:

1. If the house was purchased by your father and your stepmother before marriage, it should belong to your father's personal property before marriage. After the death of your father, in the absence of a testamentary succession, you and your grandparents, stepmothers, stepmothers and sons born to your father shall have the right of inheritance, and their shares shall generally be equal.

Clause. 2. If the house is purchased by your father and your stepmother after marriage, it shall belong to the joint property of your father and your stepmother. After your father's death, your stepmother has half of the rights to the house.

The remaining half is your father's inheritance and is distributed in the same way as in the first case above.

Hope it helps.

OK. Legal basis.

Article 8: The time limit for initiating litigation in inheritance disputes is two years, calculated from the date on which the heirs knew or should have known that their rights had been infringed. However, if more than twenty years have elapsed since the commencement of the inheritance, no further proceedings may be filed.

Hello! If it is a matrimonial house, it is the joint property of your father and stepmother, and the remaining 1 2 after equal division will be divided equally between your stepmother, you, and your stepmother's son. Since there is no custody relationship between you and your stepmother, she does not need to pay child support.

There should be child support, and the house has a share.

This is pre-marital property, and it will not be a joint property of the husband and wife at any time.

If A agrees, yes; If A disagrees, no!

Because a dispute arises between AB due to infringement, A should compensate B, and B can resolve his dispute through legal means, but he cannot take possession of A's property without permission, because it is illegal to take possession of A's property without A's consent. If B can apply to the court for property preservation in order to ensure that he can obtain compensation, the court will seize A's property, but he cannot make any disposition of A's property on his own.

Legal basis: General Provisions of the Civil Law, Property Law, Civil Procedure Law.

I think those are two different things.

It is one thing for the traffic police to sentence the letter of responsibility, and the other party owes you money.

It's another thing for the other party to mortgage your car.

A mortgage cannot be used as a form of repayment for a determination of liability. But the other party owes you money, and the two of you can enter into a mortgage agreement to pay off the debt.

If the other party does not agree to this approach, you can only wait for the execution.

If an application for preservation can be made, the car will be impounded.

1 The transfer of the property must be fair and the name of the head of the household on the title deed should be changed to the housing authority.

For specific methods, please refer to the Housing Registration Management Measures.

2. Your family's share of the inheritance is as follows (I am taking the whole property in two places as an example).

The second aunt was passed on to others since she was a child, and she did not fulfill her maintenance obligations and did not participate in the inheritance distribution.

If the property is left by your grandmother, then your mother, uncle, and aunt will inherit it together, and the share will be equal, 1 3 per person, and those who have unfulfilled maintenance obligations can share less or no share.

Then your mother has passed away 1 3 of the two properties 1 2 of the two shares are your father's joint property and do not participate in the distribution Your father's share is 1 6 + 1 3*1 2 * 1 3 = 4 18 You and your brother have 1 3 * 1 2 * 1 3 = 1 18 Since your brother has not fulfilled his maintenance obligations, he can share less or no If your brother participates in the distribution of 1 18 then he needs to return the alimony If he does not share your share 2 18 If your father gives you his share So you're going to inherit exactly what your mom inherited from your grandmother, which is 1 3

If the owner of the two properties is your mother, and your uncle and aunt gave up the inheritance at that time, or there is no evidence to prove that the property is your grandmother's inheritance, then your mother inherits it alone, and your mother dies, and your father's share is the joint property of the husband and wife + the inheritance income 1 2+1 2*1 3=4 6 Both you and your brother's share is 1 6 Because your brother has not fulfilled his maintenance obligations, he can share less or no If your brother participates in the distribution1 6 He needs to return the alimony If he does not share your share, your share is 1 3 If your father gives you the share So you're going to inherit exactly what your mom inherited from your grandmother, which is two properties.

If the father is alive to the father, if the father dies, you and your brother will inherit the father's share together, and the original inheritance of your mother's share will still be valid, because your brother has not fulfilled the maintenance obligation, you can share less or nothing, if your brother participates in the distribution, he needs to return the alimony, if you do not share, your share will be your previous share + father's share.

According to the relevant provisions of the housing registration management measures, when there are multiple co-owners due to inheritance and other factors on the ownership of a real estate, it should be notarized and the transfer procedures should be completed at the same time.

If the owner of the property is the husband, there is no special agreement, it is the joint property of the husband and wife, and in the case of divorce, the wife has the right to divide it.

Legal basis. Marriage Law of the People's Republic of China.

Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.

Suppose the husband and his mother each contribute half of the money to buy the house.

In the case of divorce, half of the house belongs to the husband's mother, and the other half belongs to the husband and wife (because it is during the marriage, regardless of whether the wife has contributed money or not).

So the wife has the right to demand the division of the property, but only the half that belongs to the husband. This is a legal requirement.

Unless the husband and wife have agreed not to divide the property before or after the purchase of the house, they certainly have no right to divide the property.

The first question: the property acquired during the subsistence of the re-husband and wife is the joint property of the husband and wife. Then the husband's share is your joint property, and it should be divided equally in the divorce.

Question 2: If the husband does not want to give the house to his wife, then he needs to prove that the money is your pre-marital property and that he used the money to buy the house.

Do not worry. Gambling debts are not protected by law, and if the IOU is written as a gambling debt, the court will not accept it; If the IOU is not written as a gambling debt, and it is confirmed when you submit your reply to the court, the court will also dismiss the claim.

It is debatable whether an IOU is protected by law because of gambling debts.