Parents have been living with their youngest son as husband and wife, how to divide the family prope

The law stipulates that in the event that the parents do not amend the will, the children have the right to equal distribution of the parents' estate after their death. If the parents have been living with one of the children, that is, the younger son has paid more in taking care of the parents, in principle, some of the property should be divided in half. In this case, the children can negotiate and settle, after all, the younger son pays more, and it is understandable to get more.

Parents live with the younger son's family, and the family property should in principle belong to the parents, and the furniture and property purchased for the young couple after marriage belong to the young couple. The money in their passbooks and the gold and silver jewellery purchased by themselves are owned by whoever purchased them. If the elderly have no income after separation, the children shall fulfill the obligation to support the elderly and pay the maintenance expenses with the elderly according to the income and ability of the younger son's family.

If the parents do not amend the will and pass away, the children have the right to equally distribute the parents' estate. But the parents have always lived with the younger son, that is to say, in terms of taking care of the parents, the younger son pays more, and your family can negotiate to solve it, after all, the younger son pays more, and it is understandable to get more.

Parents as one, the youngest son and husband as one, who contributed a part of the capital at the beginning, the joint contribution will be distributed to the party who contributes more, the owner should use cash to compensate the person who contributed less, if the parents have the majority of the rights, according to their own ideas to whom.

Questions like this, then you should consult a lawyer, and the lawyer will give it to you. If you give the correct answer, generally if the parents have been living with the younger son and his wife, he must have divided more of the family property of the younger son and his wife than you.

It doesn't make much sense to live with whom, what makes sense is to look at each other, that is, between two parents. Yes, what is a will? Even if the youngest son is supporting now, if the will is not given to him, then he will not have a penny.

This should be negotiated within your own family. If it is a judicial process, it is an equal division.

Not to mention the parents and the youngest son. The brothers divided into families and acted according to local customs and conventions, and in some places the brothers drew lots or balls after matching good things.

The parents have always lived with their younger son, and when they separate the family, they can take a little more because they take care of the elderly more.

Parents say how to divide it, then how to divide it!

If the parents don't say anything, that's the default equalization. Even if I take care of a lot more, it's still the same.

Parents have been living with their youngest son, how to divide the family property, isn't the youngest son your younger brother? Did you earn the property? These are all taken into account, and the will or will of the parents is the main one

It depends on who supports the parents more, legally speaking, several children are the same, and it depends on how the parents want to divide it.

Isn't it too early for parents to talk about separation? Unless the parents have a place to live after the division, it is difficult to calculate the division now.

1. How to divide the family property between the son and his parents.

1. When separating from parents, it is necessary to distinguish between the common property of the family and the personal property of the family members. The division of family property can only be the division of family common property, and when dividing family property, it should be divided according to the principle of fairness and reasonableness, and after reaching an agreement, it is necessary to conclude an agreement on family and property separation. There is a principle in the law that the house and the homestead are not separated (the house goes with the place, and the land goes with the house).

2. Legal basis: Article 9 of the Land Management Law of the People's Republic of China.

The land in the urban area of the city is owned by the state. Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.

2. Sample agreement on division of property.

Contractor: Male: (gender, age, ethnicity, employer, address).

Woman: (gender, age, ethnicity, employer, address).

Witness: XX, lawyer of a law firm;

XX, lawyer of a law firm;

Male) and female) have been in a long-term relationship for a long time, and the two parties have decided through coordination. The following agreement is hereby reached on matters related to the division of family property:

1) The property during the existence of the marital relationship includes a deposit of yuan, as well as a number of daily household utensils. Since the woman was raising the children, only her own clothes and books were taken from the family's belongings, and the rest belonged to the woman;

2) remains in the possession of each of them, and there is no dispute between the parties as to their respective possession;

3) The current house is owned by the man's unit. Automatically move out after the divorce application is approved;

The above agreement is carried out under the auspices of the trade union of the man's unit, in line with the principle of equality and voluntariness, and it is hoped that the civil affairs organ will approve it;

The family property division agreement template shall be in quadruplicate, one for each man and a woman, and one for the witness;

Male (Signed): Female (Signed):

YYYYYYYYYYYYYYYYYYYYYYYYYYYYY

Legal analysis: There is a principle in the law on the separation of property between father and son, and the house and the homestead are not separated (the house goes with the land, and the land goes with the house). Therefore, if the son does not get a house, he cannot rebuild a house on the original homestead; Secondly, the division of property can be negotiated and disposed of, you can agree that part of the house is owned by different owners, or by one person, but the other party should be given reasonable compensation for the house, that is, the actual ** of the house that should be obtained, and the land can be disposed of with reference to the house.

Legal basis: "Land Management Law of the People's Republic of China" Article 9 The land in urban areas belongs to the State. Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-retained bench land, and self-retained mountains belong to the peasant collectives.

Legal analysis: First, directly propose the idea of splitting the family to your father, the real estate belonging to your personal name can be taken back, and the other properties will depend on negotiation; Another way is to file a lawsuit with the court and rely on the court to decide. One thing to be noted is that your father's marriage, whether good or bad, is your father's own business, and no one else has the right to interfere.

No matter how blood is thicker than water, the relationship between father and son cannot be changed, and it is best to solve the problem through negotiation.

Legal basis: Article 1067 of the Civil Code of the People's Republic of China Where parents fail to perform their obligation to support them, minor children or adult children who cannot live independently have the right to demand that their parents pay child support. Parents who fail to fulfill their obligation to support their adult children, who lack the ability to work or who have difficulty in living in rotational training, have the right to demand alimony from their adult children.

There is a principle in the law of the separation of property between father and son, and the house and the homestead are not separated (the house goes with the ground, and the bridge collapses with the house). Therefore, the son could not get a house because Min Lead could not rebuild the house on the original homestead; Secondly, the division of property can be negotiated and disposed of, you can agree that part of the house is owned by different owners, or by one person, but the other party should be given reasonable compensation for the house, that is, the actual ** of the house that should be obtained, and the land can be handled with reference to the house. Where the joint property belongs to the parents but does not belong to the children, the parents may dispose of it at will, and the children have no right to divide it.

However, it should be noted that the personal property belonging to the child should not be divided as the property of the family. If the family property is jointly created by parents and children, it can be divided according to the size of the contribution. The joint property of the family can be judged by the following aspects.

1. The form of common family property is premised on the existence of a common living relationship between family members. Without a family living relationship, there can be no talk of joint family property. 2. The common property of the family can only arise between family members who have a certain special status relationship.

3. Family members share ownership of common family property. 4. The formation of common family property is mainly the common labor income of family members during the period of living together, the property handed over to the family by family members, the property jointly donated by family members, and the property purchased and accumulated on this basis. Therefore, if it is the personal property of the parents, then the parents have the right to decide for themselves whether to divide or not, and as children, they cannot divide the family property, otherwise it is an illegal act.

If it is a joint family property, then the co-owners can request a division, but all the co-owners need to negotiate the division together.

Legal Analysis: Depending on the situation, because you are an unmarried child, although you are an adult, but if you are still with your parents if you do not have another door, then your property is also your parents'. If you are separated from your parents, but you are not married, then your property is your own, because that is the scumbag effect that you have outside of your parents' protection.

Also, I strongly disagree with the second floor, this issue involves the issue of first-order heirs, spouses, children, and parents. Even if you have any accidents in the future, if you don't have a will, you will inherit it in the order of heirs, and if you have a will, then it's a different matter.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship is the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services; Judge.

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 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

One is to directly propose to your father the idea of splitting the family, the property belonging to your personal name can be taken back, and the other property will depend on negotiation; Another way is to file a lawsuit with the court and rely on the court to decide. One thing that needs to be explained is that your father's marriage, whether good or bad, is your father's own business, and no one else has the right to interfere. No matter how thick the blood is in the water, the relationship between father and son cannot be changed, and it is best to solve the problem through negotiation.

1. If there is a divorce, can the surname of the child and the woman's child be changed to the woman's surname?

The surname of the child of the divorced child and the wife can be changed to the woman's surname, but the consent of the child's father is required, otherwise the child's father can restore the child's surname.

If one party obtains a change in the child's name because he or she conceals the fact of divorce from the public security organ, if the other party requests that the child's original name be restored and the divorce parties fail to reach a successful negotiation, the public security organ shall restore it.

2. Who will leave the divorced child after giving birth?

If you divorce just after giving birth, the child is generally raised directly by the woman. The relevant judicial interpretations stipulate that, in principle, children under the age of two live with the woman, but if the woman is unable to raise the child due to serious illness or other reasons, the father may directly raise the child. However, if both parents agree to live with their father, and the father is able to support him, he may live with his father.

There is also a special circumstance in which parents can take turns raising their children on the basis of being conducive to the healthy growth of their children.

3. How to judge two people who divorce and have two children.

Custody is decided by the divorce negotiation between the two parties, and if the negotiation cannot be decided by the court, children under the age of two are generally raised directly by the mother. If there is an agreement between the two parties, it shall be performed in accordance with the agreement between the two parties. If the mother has any of the following circumstances and the father requests direct support, the people's court shall support it:

Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them; The father does not fulfill the obligation to support the child when he has the conditions to support him, and the father asks the child to live with him; For other reasons, it is not appropriate for the child to live with the mother. Where children have reached the age of 8, their true wishes shall be respected. Specifically, the custody of the child should be awarded to the man and the woman, and the decision should be made on a case-by-case basis.

Article 1067 of the Civil Code of the People's Republic of China provides that where parents fail to perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.