Whether the father s house and the son inherited it after marriage are personal assets or joint asse

Updated on society 2024-05-03
11 answers
  1. Anonymous users2024-02-08

    Unless specifically stated to be for the son personally, it is the joint property of the husband and wife.

    See the Marriage Act

    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.

  2. Anonymous users2024-02-07

    There is no special agreement and it is the joint property of the husband and wife.

    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:

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

    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:

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

  3. Anonymous users2024-02-06

    Lawyer's analysis: If the inheritance inherited after marriage is clearly stipulated in the will to be given to only one party, it generally belongs to the personal property of that party, and the other party is not allowed to participate in the division during the divorce. If there is no express agreement or the agreement is not clear, it is generally considered to be a gift to both husband and wife, and the inheritance belongs to the joint property of the husband and wife in principle, and both parties have half of the right to divide it.

    Legal basis]:

    Civil Code of the People's Republic of China

    Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is an agreement on bequest and support, it shall be handled in accordance with the agreement.

    Article 1127 Inheritance shall be 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.

  4. Anonymous users2024-02-05

    Legal Analysis: If the decedent does not clearly indicate that the property is inherited by one of the spouses, the property belongs to the joint property of the husband and wife. This is because the law stipulates that property inherited or gifted during marriage is generally the joint property of the husband and wife.

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

    Article 1062:The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; 3) income from intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; 5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

    Article 1063: The following assets are the personal property of one of the spouses: (1) the premarital property of one party; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined to belong to only one party in a will or in a contract of gift from an empty person; 4) Daily necessities for the exclusive use of one side; 5) Other property that shall belong to one side.

    Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired 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 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. 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 counterpart, the personal property of the husband or wife shall be repaid.

  5. Anonymous users2024-02-04

    Legal Analysis: It is the joint property of the husband and wife, and if it is clearly owned by one party in the will, it belongs to the personal property of that party.

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

    Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

    Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

    Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

    Article 1049 A man and woman who wish to marry shall apply for marriage registration in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered.

    Where marriage registration has not been completed, the registration shall be re-registered.

    Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

    Article 1051 Marriage shall be null and void under any of the following circumstances:

    a) bigamy; 2) There is a family relationship that prohibits marriage;

    3) They have not reached the legal age for marriage.

  6. Anonymous users2024-02-03

    Property inherited after marriage is personal property if it is specifically referred to as belonging to one of the parties, and if it is not specifically specified, it is the joint property of both parties. If you want it to be your personal property, go for a notary. However, a percentage fee is charged.

  7. Anonymous users2024-02-02

    Yes, it is the joint property of the spouses without a special agreement between them.

  8. Anonymous users2024-02-01

    The property is not part of the marital community. According to the provisions of the Marriage Law, it shall be the property of one of the husband and wife under any of the following circumstances:

    1) the pre-marital property of one of the parties; (2) Medical expenses received by one party due to bodily injury, etc.; (3) property that is determined in a will or gift contract to belong to only one party; (4) Daily necessities for one party; (5) Other property attributable to one party.

  9. Anonymous users2024-01-31

    Of course it's yours alone. Parents all over the world will give the house behind them to their children, and it is no one else's business.

  10. Anonymous users2024-01-30

    There is no special agreement and it is the joint property of the husband and wife.

    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:

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

    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:

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

  11. Anonymous users2024-01-29

    Legal analysis: If the inheritance is inherited after obtaining the marriage certificate, and the father does not explain in writing that he only gives the son one person at the time of inheritance, it is the joint property of the husband and wife, and half of the wife. But if his father has written instructions that he will give only one to his son, it is his personal property, and his wife has no share.

    If it is inherited by Chenxian before receiving the marriage certificate, it is not joint property, but only his personal property, and his wife has no share.

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

    Article 1062:The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife, and shall be verified by the husband and wife jointly: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; 3) income from intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; 5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

    Article 1063:The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (2) Compensation received by one party for personal injury or compensation for changing brothers; (3) Property that is determined in a will or gift contract to belong to only one party; 4) Daily necessities for the exclusive use of one side; 5) Other property that shall belong to one side.

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Has the heightened house been reported to the Construction Bureau? If you don't have this, it may be an illegal reconstruction, and maybe it won't be recognized by the law, let alone divide the house. It should still be negotiated between the two parties, and if there is no legal support, this is the only way.