Property questions about the remarriage of the elderly?

If they don't have a marriage license, none of the questions you're asking are there.

Because they are not a normal marriage relationship, and since 94 years, there is no such thing as de facto marriage in our country.

Therefore, if you don't have a marriage certificate, you don't need to say anything.

If anything, one, first of all, one thing is certain, your stepmother and "her children" have inheritance rights.

Basis, Inheritance Law 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.

Second, the share of inheritance, this is more troublesome to calculate!!

1. It is first necessary to determine your mother's share:

If the house is joint property, then your mother has half of the share, the other half of the house belongs to your father, and your mother's half share of the house is inherited by you, your father, and your grandparents.2 Your father's share of the estate is composed of the other half of the house and his share of your mother, so that you, your stepmother, and your stepsister, and your father's parents will inherit.

Under the Marriage Act, not only does she or her children have the right to inherit your father's property, but you also have the right to inherit hers.

If you don't want your father's house to fall into her hands, you have to ask your father if he does a "pre-marital notarization", and if not, he can still transfer the property directly to your name, how? It is a "gift".

If your father lives with her for 6 years without interruption, she is also entitled to a share of your father's property.

1. Even if your father dies first, your stepmother does not have the right to divide the property, but she has the right to divide the income after marriage.

2. Your agreement is valid (because according to your narrative there is no conflict with the law) If you invest in building a house, then your stepmother will not be eligible to share the house in the future.

3. It doesn't seem good for you to run the property in your name, I mean morally.

All changes are premised on the application of a marriage certificate, and de facto marriages are now not legally recognized.

If your stepmother dies first, her children can share the personal income of your father and your stepmother after marriage, but not the house.

1. How to deal with the personal property of the elderly who remarry.

After the elderly remarry, the children still call their old people parents, and the wives whose parents remarry can be called parents or uncles and aunts; The maintenance relationship remains unchanged.

2. After the parents remarry, the children still have to support their own elderly, but they can not support the wife whose parents remarry; The care relationship remains the same.

3. When the remarried elderly are sick and need nursing, the first caregiver is the wife, and the second caregiver is the elderly's own children, and the other party's children have no obligation to care.

Correspondingly, when one party is seriously ill and needs financial support.

The first funder should be the patient himself.

The second funder is the patient's child.

the third is the remarried wife who provides support according to the actual ability of the rent award;

Fourth, the relationship between the elderly and the elderly remains unchanged. After the elderly remarry, the children only provide for their parents to provide for the elderly, and properly handle the aftermath;

Fifth, the inheritance relationship remains unchanged. The children of the husband inherit only the property of the man before the marriage, and the children of the woman only inherit the property of the woman before the marriage.

2. The husband and wife have the right to inherit each other's property formed after marriage, while the children of both parties have no legal inheritance rights, only testamentary inheritance rights.

The legal consequences of the remarriage of the elderly on the property in their own name are considered by many remarried people and their children.

2. The property belongs to one party before the marriage registration, and still belongs to the pre-marriage personal property of one party after the marriage registration.

3. The conclusion of the marriage relationship and the continuation of the marriage relationship will not change the nature of the property, if you want to change the ownership of the property, both parties need to agree in writing.

4;However, after the death of the owner of the property, the property becomes an inheritance, then the remarried spouse has the right to inherit because the spouse is the first-order heir.

5. If you want to change this legal consequence, the owner of the property can make a will or give it to others during his lifetime.