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1. "Who does this house belong to?" "According to the provisions of the Property Law, the confirmation of real estate ownership is subject to registration, and if your aunt's name is written on the property ownership certificate of your house, it is legally determined that the house is your aunt's, or the joint property of your aunt and your aunt's husband (if the purchase was made after your aunt got married); After your aunt's death, the house becomes your aunt's estate or half of your aunt's husband and the other half is your aunt's estate, and your aunt's estate is inherited by your aunt's husband, your aunt's children, and your grandfather (if your aunt was still alive at the time of her death).
2. Your family's situation: It is recommended that you find evidence as soon as possible that the house was purchased by your family and that your aunt's name was written only to pay less heating bills, and let your aunt's husband and your aunt's children assist you to go to the housing authority to handle the transfer and change the real estate certificate to your parents' names.
If your aunt-in-law or your aunt's children do not agree to transfer the ownership of your family, you can sue the court to settle the matter.
3. This house should be the joint property of your grandfather and wife, how can it be inherited by your mother alone? Your aunt also has the right to inherit, and the real estate certificate is in her name, and your family wants to say that it is their own house, and you need to have sufficient evidence.
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Hello! First of all, according to the 'Property Law', the ownership of this house belongs to your aunt and your aunt's children! The law states that whoever is registered on the title deed owns the house!
First of all, you should keep the evidence of the renovation or other expenses for this house, so that your aunt's family will not recognize this house as yours in the future, as favorable evidence!
It's best to find your aunt now, discuss the ownership of the house with them, and if they have no objections, let them go with you to go through the house transfer procedures!!
If you don't admit it, some of the previous fee receipts and some payment bills can be used as evidence!!
You discuss it with your aunt first! No, let's ask the lawyer specifically! Lawyers know better!!
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The law is about evidence, and if your aunt's name is written on the real estate certificate, the property right belongs to your aunt's estate. The order of inheritance of the property comes first and foremost with your aunt's husband and children. And then there are the immediate family.
You said that your mother inherited and gave some money, this is not clear without evidence, unless you come up with evidence + an agreement signed privately by your mother and aunt, and then you need the approval of your aunt's relatives to go to the fair place together for justice after the consent is valid.
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If your aunt's name is written, then the house should be your aunt's inheritance. If your aunt left a will stating that the house was inherited by your mother, or if there was an agreement between your aunt and your mother, the house could be owned by your mother.
However, everyone is a relative, so there should be no disputes, and everyone should go to the transfer together.
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It belongs to your aunt, because it is done according to the real estate certificate, but your grandmother let your mother inherit it with your mother and your aunt.
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If your aunt did not leave a will to say who to leave it to, then this house belongs to the person closest to your aunt by blood, such as your aunt's husband, son, daughter, etc., if not, it is your mother's turn to be the owner of the house.
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If the house is divided according to the law, it is your aunt's, but there must be an internal agreement between you. Therefore, it can be paid for by your aunt's house, and then it will be given to you.
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The ownership of real estate is subject to registration, and if there is an agreement between the parties, it is only valid between the parties, but it is difficult to judge the disputes that may involve the contract.
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Your aunt's children! If they are bad, you will lose nothing!
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Is there an agreement between your family and your aunt about the reason for writing whose name is written on the title deed?
Does the aunt's parents approve of this, if they do, they can go through the transfer procedures.
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Whoever the name is whoever it is!
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Yes, but it is recommended to go to the notary office for notarization.
Gratis. Property disputes.
Legal advice is just here. Fabang Network.
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You need to prove that the house was purchased by you, you need to have proof of capital contribution, bank receipts, chat records or a supplementary agreement signed by both parties, the content of the agreement itself is not illegal, the agreement is valid after it is signed, and it is legally binding on both parties, and you can sue if you breach the contract.
According to the provisions of the Civil Code of the People's Republic of China:
Article 509:The parties shall fully perform their obligations in accordance with the agreement.
The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.
In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.
Article 510:After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.
According to the Civil Procedure Law of the People's Republic of China:
Article 65: Time limits for the presentation of evidence.
Parties shall promptly provide evidence for their own claims. On the basis of the parties' claims and the circumstances of the trial, the people's courts are to determine the evidence that the parties shall provide and the time limit thereof.
Where the parties have real difficulties in providing evidence within that time limit, they may apply to the people's court for an extension of the time limit, and the people's court will appropriately extend it on the basis of the party's application.
Where parties fail to provide evidence within the time limit, the people's court shall order them to explain the reasons; Where they refuse to explain the reasons or the reasons are not sustained, the people's courts may, on the basis of different circumstances, reject the evidence, or give the evidence but give a reprimand or a fine.
Article 66: Procedures for handling evidence upon receipt.
When the people's court receives the evidence materials submitted by the parties, it shall issue a receipt, indicating the name of the evidence, the number of pages, the number of copies, the original or photocopy, the time of receipt, and so forth, and the personnel handling it shall sign or affix a seal.
The above content refers to: Encyclopedia - Civil Code of the People's Republic of China.
Encyclopedia - Civil Procedure Law of the People's Republic of China.
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Proof of payment of the house payment, the payment must be made by bank transfer when paying the house payment, if it can be paid directly from the account to the name of the original party is the best, and the bank payment receipt can be retained.
As long as the property right is in the name of someone else, once it is reversed in the future, it will eventually be resolved through the law, so what needs to be done now is to keep the certificate in the early stage. This includes: the contract of sale and purchase of the house, the bank statement and the signed contract.
According to the Civil Procedure Law of the People's Republic of China:
Article 64: Burden of proof and authority to explore.
It is the responsibility of the parties to provide evidence for their own claims. The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case. The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.
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Article 64 of the Civil Procedure Law stipulates that "the parties shall have the responsibility to provide evidence for their own claims. "According to the provisions of this article, if you want to prove that the house is yours, you need to provide the corresponding proof.
In judicial practice, in such cases, private agreements, agreements, contracts, etc. should first be provided as evidence, and witnesses, testimony, or third-party certificates such as bank transfer receipts should be provided.
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If you buy a house with someone else's name, provided that there is no mortgage, if it is a loan to buy a house including a provident fund loan, the name of the lender is also required on the real estate certificate, and there is no such requirement to buy a house in full. There is a certain risk of writing someone else's name when buying a house, so it is recommended to write the name of someone who can be trusted.
According to the provisions of the Civil Code of China, the creation, alteration, transfer and termination of immovable property rights shall take effect upon registration in accordance with the law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.
When buying a home with a mortgage, only one person's name can be written on the contract. Because the mortgage purchase can only be handled in accordance with the principle of who takes the loan and who signs, to ensure that the signatures on the purchase contract, loan contract and real estate certificate are unified, the reason is to avoid the loan risk of the bank. If you want the property to be jointly owned by two people, you can apply for a co-ownership certificate, that is, the real estate certificate must still be in the name of one person, and the attached co-ownership certificate can legally mark the joint ownership of the property, and at the same time, the two parties agree on their respective capital contributions or shares, and they can be reasonably divided in the event of a property dispute.
Legal basis. Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.
The ownership of natural resources that belong to the State in accordance with the law may not be registered.
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Legal analysis: If the property is donated to someone else, the name of the other person can be written on the real estate certificate.
Legal basis: Article 657 of the Civil Code of the People's Republic of China A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.
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Summary. Kiss <>
The title deed is written in someone else's name, proving that the house is their own. One is to take the way of transfer gift, and the other is to take the way of transfer and sale. According to the laws of our country, under what circumstances can I not add my name to the real estate certificate?
1. The name of the mortgage house cannot be added, and the name of the real estate certificate can only be changed after the bank loan is settled. But if you have just bought a house and have not yet applied for a loan, you can go directly to the developer and add your name to the contract. 2. If the mortgage house cannot be named, if it is a house bought in full, but the house is mortgaged, this situation is also a <> that cannot be added to the name on the real estate certificate
Someone else's name is written on the title deed, how can I prove that the house is mine?
Kiss <>
The real estate deed is written and the name of someone else is buried in the book to prove that the house is your own. One is to take the way of transfer gift, and the other is to take the way of transfer liquid sale. According to the laws of our country, under what circumstances can I not add my name to the real estate certificate?
1. The name of the mortgage house cannot be added, and the name of the real estate certificate can only be changed after the bank loan is settled. But if you have just bought a house and have not yet applied for a loan, you can go directly to the developer and add your name to the contract. 2. If the house is bought in full, but the house is mortgaged, this situation is also a <> that cannot be added to the name on the real estate certificate
Both parties agree to notarize, and the state stands to whom the money is lost.
Kiss <>
The two parties agreed to notarize, and the state stood up for the loss of money, and the matter of losing money needed to be discussed by both parties. The name of the title deed is more likely to win.
So what's the way I can win?
Kiss, ask a better lawyer to help with the lawsuit, but ** will also rise, depending on the personal situation.
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Is the name written on the title deed anyone's?
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You can write the names of several people on the real estate deed to figure out before buying a house.
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Can someone else's name be written on the title deed? As long as you want, it's okay to add anyone's words, others have no right to interfere...
Because the state does not stipulate that the name cannot be added to the real estate certificate, nor does it regulate how many people's names can only be written on the real estate certificate.
Therefore, whether it is a husband and wife, grandchildren, fathers and sons, brothers, sisters, friends, etc., they can write the names of two people in Fangsinga, and even the names of many people.
Hello, please pay attention to the details.
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