My parents divorced when I was young, and there were real estate and property issues

Updated on amusement 2024-04-04
25 answers
  1. Anonymous users2024-02-07

    A will may be made specifying how his wife, his children (children born to his former wife) and his parents will inherit the inheritance, or his estate may be donated to a person or organization other than the above-mentioned persons by making a will.

    If there is no will, his wife, his children (children born to his former wife) and his parents inherit according to the legal inheritance method, and the inheritance is generally divided equally among the heirs.

  2. Anonymous users2024-02-06

    First of all, if there is no bequest condition.

    Then the legal inheritance of his parents, legitimate children, and legal cooperation is the right of inheritance, that is, it is divided equally.

    However, if your father made a will 100 years ago, the bequest takes precedence.

  3. Anonymous users2024-02-05

    According to the Inheritance Law of the People's Republic of China, after the death of the decedent, if there is a will, it shall be handled according to the will; If there is no will, it will be inherited according to the law.

    1.If your father has made a will, he will inherit the property according to the will.

    2.If your father does not have a will, he inherits the property according to the legal inheritance. You, your brother, your father's stepwife, your father's son with his wife, the four of you are the first in order to inherit your father's estate.

    It should be noted here that this property only belongs to your father, for example, the house that your father bought after remarriage belongs to your father and your stepmother in common, and half of the property of this house belongs to the inheritance, which will be inherited by the four of you.

  4. Anonymous users2024-02-04

    You'd better ask your father to make a will, and you have to notarize your stepmother's property, otherwise it will be bad for you.

  5. Anonymous users2024-02-03

    You can look up the books on the law. I will tell you the following points, I hope it can help you.

    In addition to the will, the will must be carried out according to his will.

    In the case of intestate, the premarital property generally does not belong to him and his ex-wife, but this must be notarized before the marriage, and you can jointly own and divide it among your father's other children. The order of inheritance of marital property is spouse, children, and parents, so your stepmother, who is your father's wife, will have the greatest inheritance rights and the largest share of the inheritance. The rest is divided equally among your father's children.

    Unless your father gave the property to you when he was alive, no one can take it.

  6. Anonymous users2024-02-02

    There will be two situations, 1: your father left a will, no matter who your father's will left the estate, you must inherit according to the will, 2: your father did not leave a will, then inherit according to the legal procedure, no matter how many properties he has, or other property, you have the right to inherit, because you are your father's first order heir.

    Your father's first-order heirs include your father's current wife, remarried children, and you, you have the right to inherit all of your father's property, your father's current wife has the right to inherit all of your father's property, and your father's remarried children have the right to inherit all of your father's property.

  7. Anonymous users2024-02-01

    Of course, you're the one who gets the most money, because you're the first heir.

  8. Anonymous users2024-01-31

    Minors whose parents are divorced are generally not entitled to a share of property. However, if the husband and wife jointly donate their joint property to their children when they divorce, the children may share the donated property in accordance with the law. According to the relevant legal provisions, in the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment.

    [Legal basis].

    Article 1065 of the Civil Code of the People's Republic of China.

    The man and the woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 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 legally binding on both parties.

    The husband and wife have agreed that the property acquired during the existence of the marital relationship shall belong to each other, and if the husband or wife owes debts to the outside world, and the counterpart knows that the contract contains a large fixation, the personal property of the husband or wife shall be repaid.

    Article 1087.

    In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

    The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

  9. Anonymous users2024-01-30

    1.Yes.

    2.It's the law of inheritance. Your father is divorced but the paternity with you remains legally unchanged, so you have the right to inherit.

    But if your father has a will specifying to whom the property will be left to, then you cannot inherit it, because the owner of the property has the right to dispose of his own property independently. However, if there is evidence that you are unable to take care of yourself, the law stipulates that the estate should be set aside for your survival and the rest will be distributed according to the will.

    3.Not yet. While the owner of the property is alive, no other person has the right to divide or dispose of his property unless he authorizes or delegates it.

  10. Anonymous users2024-01-29

    No, the division of property was already carried out at the time of the divorce. The property after the marriage is no longer related to your mother. And you only have the right to inherit as a son, so you won't get a penny while your father is alive.

    However, if your father has not given your mother child support over the years, then you can take legal proceedings to let him make up the child support.

  11. Anonymous users2024-01-28

    You can inherit your father's property, according to the provisions of the inheritance law.

    If your father did not specify to give it to you while you were alive, you could not divide it.

  12. Anonymous users2024-01-27

    1. When the parents divorce, the division is the joint property of the husband and wife, and has nothing to do with the children. The agreement is to have a house each, which naturally belongs to each of them.

    2. The house owned by the mother in the divorce by agreement, although it is a welfare subdivision of the unit, regardless of whether the father's length of service is used or not, it is obtained during the existence of the marital relationship, and the property right certificate has been obtained, which belongs to the situation stipulated in Article 17 of the Marriage Law, and the house shall be recognized as the joint property of the husband and wife, and there shall be equal rights to dispose of it after the divorce.

  13. Anonymous users2024-01-26

    Divorced property is the joint property of the husband and wife, and should generally be divided equally and has nothing to do with the children, but if the children are minors, both parties have the obligation to raise the children.

  14. Anonymous users2024-01-25

    Divorce is a personal act of both the father and the mother, and it is the responsibility of the parents to take into account the interests of the minor children before the act is committed. The law on joint property provides for joint division.

  15. Anonymous users2024-01-24

    Your father's pre-marital property is his pre-marital property, your stepmother has no title, and you don't have a title if it doesn't have your name on it.

    Are the children your stepmother brought over to be adults? When you reach adulthood, you cannot inherit your father's estate in the future; Minors can.

    The child born to your father by your stepmother has the same inheritance rights as you.

    If the property that your biological parents are fighting for, if the property now belongs to your father, your mother does not have the property.

    You are ignorant of the idea of suing your stepmother for the entire property or a small grant to get the property.

    Your father is still alive and there is no inheritance problem, and he has full control over the property.

    After your father's death, in the absence of a will, the property is legally inherited by your father's spouse, parents, and children.

  16. Anonymous users2024-01-23

    After your parents divorced, the property was divided according to the agreement or the law, if your father remarried now, not a single part of the property before the marriage was later, only the property generated after the marriage was divided between the four of you together.

  17. Anonymous users2024-01-22

    Your father's property is also the joint property of the husband and wife, if you want the two properties, they must be gifts from both your parents, since they are both purchased after marriage, it is the joint property of the husband and wife. In the event of a divorce, they all have the right to equal division.

  18. Anonymous users2024-01-21

    If you can prove that the property was bought by your parents after marriage, then after the divorce, all the property should be divided equally between one person and half, if you are under the age of 18, you can also ask the other party for alimony (according to the actual situation) If you are over 18 years old, you can ask the court to divide part of the property, it is best to say that it is pitiful, in order to win the court's sympathy.

    Now that your father is married to another person, the property still belongs to your father, because the house is pre-marital property and is not divided among them.

    Only marital property can be divided.

    If you don't understand something, ask me.

  19. Anonymous users2024-01-20

    The division of the joint property of the divorced couple is limited to the husband and wife and has nothing to do with the children.

    In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

    After divorce, breastfeeding children generally live with the woman; If the two parties cannot reach an agreement due to a dispute over custody, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

    According to the Marriage Law of the People's Republic of China:

    Article 36: The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

    After divorce, parents still have the right and obligation to raise and educate their children.

    After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

    Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

    The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

    Article 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

    Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

    Article 42 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

  20. Anonymous users2024-01-19

    Hello !If you open a bank account in your name, the property will definitely belong to you! Tell you explicitly! Don't worry

  21. Anonymous users2024-01-18

    It is your personal property because it is in your bank account.

  22. Anonymous users2024-01-17

    It should be your personal property, unless the dissenting party can prove it.

  23. Anonymous users2024-01-16

    If the person who deposited the money for you has indicated that the money is a gift to you, then the money is your personal property, and if the money belongs to the party who deposited the money for you, you are the assistant administrator, and if the money is made during his or her legal marriage, then the money is their joint property (unless otherwise agreed by the husband and wife). Otherwise no!

  24. Anonymous users2024-01-15

    It is one party who uses the joint property of the husband and wife to dispose of and give it to you privately, and it becomes your personal property. It is okay if the other party claims invalidity.

    For details, please contact ** or QQ.

    Beijing Marriage and Family, lawyer Liu Dalai.

  25. Anonymous users2024-01-14

    If your brother has a share, both of you are in the first order of legal succession Article 10 The inheritance shall be inherited in the following order:

    First order: spouse, children, parents.

    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. If there is no first-order heir, the second-order heir shall inherit.

    The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

    The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

    The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

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