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You can ask him for it, but he can't give it, and you can't win the lawsuit. There are three main issues to be resolved in divorce cases: first, the dissolution of marriage; the second is child support; The third is the division of joint property between husband and wife.
If the latter two issues are resolved through negotiation, the court will not interfere, and if they are adjudicated in accordance with the law, then child support and property division have nothing to do with it. The owner of the joint property of the husband and wife is the husband or wife, not the children, no matter how much property there is, it has nothing to do with the children, the parents only need to pay alimony (legally, emotionally, the parents are willing to give, as much as they want), and the other demands of the children have no legal basis and will not win.
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If he's willing to give it to you, of course he can.
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It depends on the relationship between you, and if he's willing to give it to you now, no problem. If you don't give it to you, you don't have a problem. can only continue to maintain the relationship and wait for the due inheritance.
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It depends on the relationship between your father and daughter, and this is your father's private property, he doesn't give it to you now, you have no right to ask for it, and you have the right to inherit it after he is a hundred years old, but you have to see how many heirs there are at that time.
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In general, if you are a daughter, it is difficult to get a house, the traditional concept of China is strange, if it is a son, there is still a chance, go to consult the following lawyer!
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No, you can ask for it when your dad says goodbye.
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If he wants to give, he can't rob if he doesn't give it.
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Summary. Hello dear, it's an honor to answer for you; Regarding the issue of "after the divorce of the husband and wife, the husband will buy a house for the son, the son will let the mother live, and the father will take back the divorce+"; The father does not have the right to revoke the donated house to the son, Article 662 of the Civil Code, [Liability of the Donor for Defects] If the donated property is defective, the donor shall not be liable. In the case of a gift with obligations, if the donated property is defective, the donor shall bear the same liability as the seller within the limits of the obligations.
Where the donor deliberately fails to inform the recipient of the defect or guarantee that there is no defect, causing losses to the donee, it shall be liable for compensation.
Dear hello Lu Judge, I am very proud to answer for you; Regarding the issue of "after the divorce of the husband and wife, the husband will buy a house for the son, the son will let the mother live, and the father will take back the divorce+"; The father does not have the right to revoke the donated house to the son, Article 662 of the Civil Code, [Liability of the Donor for Defects] If the donated property is defective, the donor shall not be liable. In the case of a gift with obligations, if the donated property is defective, the donor shall bear the same liability as the seller of the old man with the obligation within the limits of the attached obligations. Where the donor deliberately fails to inform the recipient of the defect or guarantee that there is no defect, causing losses to the donee, it shall be liable for compensation.
Article 666 of the Civil Code [The donor's statutory right of revocation and the period for exercising it] If the donee has any of the following circumstances, the donor may revoke the gift: (1) seriously infringing on the lawful rights and interests of the donor or the donor's close relatives; (2) Failure to perform the obligation to support the donor; (3) Failure to perform the obligations agreed upon in the gift contract. The donor's right of revocation shall be exercised within one year from the date on which the donor knew or ought to have known the reason for revocation.
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If the house purchased by the parents is registered in the name of only one of the children, the house is the personal property of the registered party, and it does not need to be divided in the event of divorce, but directly belongs to the individual. If the house is registered in the name of both husband and wife, it is the joint property of the husband and wife, and the two parties need to negotiate the division in the event of divorce, and if the negotiation fails, the court can be requested for a judgment. Legal basis:
Article 29 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section: Where the parents contribute to the purchase of a house by both parties before they get married, the contribution shall be deemed to be a gift to their children, unless the parents expressly express that the gift is made to both parties. After the parties get married, if the parents contribute to the purchase of a house for both parties, it shall be handled in accordance with the agreement; Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the principles provided for in item 4 of the first paragraph of article 1062 of the Civil Code.
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1. According to the "Marriage Law", the real estate, cash and other property after the father's remarriage is first the joint property of the husband and wife, and the stepmother owns half of it.
2. After a hundred years of fatherhood, grandparents (if you are alive), you, stepmother, and sister all have the legal right to inherit.
3. Suppose the grandparents died before the father.
If your father marries 3 houses, you and your sister will each get 1 6 real estate, and your stepmother will eventually have 2 3 real estate.
My father's 1 suite before marriage is his personal property, and you, my sister, and my stepmother will each get 1 3
4. The validity of the will is preferred, and if the father does not have a will, he will basically inherit in the above way.
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Definition criteria for two suites:
1. If you have bought a house with a loan, you can find the property through the housing registration system, and then take out a loan to buy a house - it is counted as two sets.
2. If you have bought a house with a loan and later sold it, you can't find the property through the housing registration system, but you can find the loan record in the bank collection system, and then take out a loan to buy a house - it is counted as two sets;
3. If you have bought a house in full, you can check the property through the housing registration form system, and you can buy a house with a loan - it is counted as two sets.
Fourth, I bought a house in full, and later sold it, and the housing registration system could not find the property, so I took out a loan to buy a house - the first one. 5. If the local housing registration system does not have the conditions for inquiry, the bank shall conduct due diligence to verify that the buyer already has one house, and then buy another house - two sets will be counted.
6. If there are two commercial loan records under the individual's name, one has been paid off and the other has not been paid off, and the reloan is recognized as three suites.
7. The individual has a commercial loan record of two houses under his name, all of which have been paid off and **, and can provide proof of two houses **, in this case, although the individual has no house in his name, it will also be regarded as three houses when refinancing.
8. If there is a commercial loan in the name of the individual that has been paid off, and the other is a provident fund loan that has also been paid off, at this time, whether you apply for a provident fund loan or a commercial loan and then buy a house, it will be regarded as three suites.
9. Husband and wife, one party buys a house before marriage and uses a commercial loan, and the other party buys a house before marriage with a provident fund loan, and after marriage, the two want to take out a joint loan in the name of the husband and wife.
10. If one of the husband and wife has a house before marriage but has no loan record, and the other party has a loan record before marriage but has no real estate in his name, the loan application for buying a house after marriage is regarded as three suites.
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According to the current marriage law and judicial interpretations:
1.If anything happens to Dad, both houses are inheritances, but not the same, 2Regardless of whether the real estate deed is in her name or not, 50% is hers, 50% becomes the inheritance, she inherits most of it as the first heir, and all your children share the remaining small part as adult children (and possibly married children).
3.100% of the pre-marital house becomes the inheritance (if your dad is the only person on the title deed), she inherits the majority as the first heir, and all of your children share the remaining small part as adult children (possibly married).
That's certainly not what you want.
Crack: 1Your father writes a will, divides 100% of the pre-marital room and 50% of the post-marital house (i.e. your father's part) according to his wishes, and goes to the notary office to notarize it.
You keep your will. (Generally, it will be roughly according to the will, but she will sue the court, and the court will generally divide her again, which is better than the above result, but the possible disputes and uncertainties are still very troublesome).
2.Your father will now transfer the title deed of the pre-marital house to your children or the children's representatives, and in the future, the pre-marital house will not be an inheritance, and there is no dispute. Your father writes a will, allocates 50% of the marital house (i.e. your father's part) according to his wishes, and goes to a notary public to notarize it.
You keep your will.
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Your father has two houses, and the real estate certificate is in your father's name, so your father owns all the property rights of these two houses. If your father marries one, then if something happens to your father, his property will be inherited by his first heir, and the first order of heirs stipulated in our country is: spouse, children, and parents.
I wonder if your grandparents are still alive? So the inheritance should be divided equally.
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It's better to consult a professional.
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Didn't they give you one when they divorced?
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It is best to notarize a will or write a gift contract to notarize.
The notarization of a will can only take effect after the death of your mother, and it is best to notarize it because the notarization is more effective. However, if it is not notarized, it is valid as long as there is no other evidence to overturn it.
Finally, if there is no obligation to transfer the house to another person, you have no right to raise an objection to the house gift contract, because the ownership of the house is mainly registered.
According to Article 186 of China's Contract Law, the donor can revoke the gift at any time before the transfer of the gift. A notarized gift contract cannot be revoked at will.
So whether it's writing a gift contract or a will, go to the notarization. Guaranteed for you in the future.
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If the old marriage law was public, the new one is private.
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My dad didn't achieve anything, he played on the computer at home every day, watched TV, and went out to drink. The family's big and small payments belong to my mother, and sometimes he beats my mother and scolds my mother, causing my mother to go out to work every year, and she owes a loan of 50w.
It is advisable to gather evidence that your dad hit your mom.
Then go to court to appeal.
As for the 2 houses, can you not give it to your father.
It depends on whether these 2 houses were bought before marriage or after marriage.
If you buy it before marriage, you can leave it for your father.
If you buy it after marriage, you want half of it for your mom and dad.
Of course, be prepared for proof that your dad gambled or hit your mom.
The judge will consider awarding more property to your mother.
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Is the house your mother's? And the injuries from your father when he beat your mother took a picture of him and used it as evidence. You can tell the magistrate about your father's inaccomplishment, and of course you need witnesses.
The main thing is that you have to be on your mother's side. How old are you to have your mother's house in your name
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Hello, in fact, feelings are very strange things, but I believe that once in a lifetime love, parents want to quarrel, or there is always a reason for a bad relationship, maybe small things will develop into uncontrollable wars, sometimes we are so helpless, maybe we are selfish, I hope that everything will not change, I hope that the beauty we yearn for can be a lifetime, but the world is impermanent, the feelings are weak, fate is as much as possible, maybe something will happen, yes, we once vowed to take care of each other for a lifetime, to tolerate each other, To love each other, to each other's heartache, but now, thinking about the men and women who are married now, whether they have considered to accompany each other through this life, every day, we see too many quarrels, too many accusations, too many separations, too many injuries, whether we try to understand each other, try to understand each other, try to care about each other, each of us needs love, and we don't want to be hurt. I can't help you with anything, I just want to tell you that what you see is not the whole of love, even if you are separated, you have to be strong, you have to take good care of yourself, even if it is a single-parent family, you have to be happy. Having said so much, I can't help you anything, I can only comfort you, I hope you are happy, happy, if the mood needs to listen to someone, need to confide, need to bring out the bad mood, I am willing to listen.