Ask a lawyer to enter the legal consultation of matrimonial property

Brother, your question is a bit messy.

I think so: there are now three houses, one that your mother bought herself, the second one was built by your aunt after your mother and your stepfather got married, and the third one was built by your mother and stepfather after your mother and your stepfather got married.

The first house was bought by your mother before she remarried, so the house is your mother's personal property.

The second house was built by your aunt and belongs to your aunt. But at the same time, the problem is that the foundation belongs to your mother, and your mother and your aunt have an agreement that the foundation money is 150,000. If the agreement was signed before the marriage, then the $150,000 in the agreement belongs to your mother's personal property.

If the agreement is signed after the marriage, then the $150,000 in the agreement belongs to your mother and stepfather.

The third house was apparently built by your mother and stepfather after their marriage and is part of the joint property.

After the demolition and taking the house, if your mother and stepfather agree, the title deed can be written on you.

What can be the difference between things being their own?

The house before the marriage is personal, and the money for the relocation can also be recognized as personal property, but it depends on how the relocation agreement is agreed, and it is better to consult the law firm in person for such issues.

The property and disposition during the existence of the marital relationship belong to the husband and wife. It is not a non-belonging in the interim.

It is indisputable that the elderly have a will that specifies how to dispose of the estate. Even if the old man is willing to bequeath to outsiders, it is okay.

The order of succession is considered only when there is no will.

1.When the old lady left, half of the house was the old lady's joint property after marriage, and the wife inherited half of the house, and the remaining half was a quarter of the house, and the four children divided it again.

2.The order of succession of the eldest is subrogated by his daughter.

When the wife dies, 50% of the property rights owned by her are divided equally between the old man and the three children, that is, each person, so that the old man has a total share. Grandchildren have no right to inherit. There are two ways for the old man to give all his property to his son:

1 Persuade the two daughters to take the initiative to give up their inheritance rights, and the old man can transfer his property rights to his son.

2 According to the actual ** of the current house, the two daughters were paid out at a discount, and the father had a total right to the property. When the father was alive, he transferred his property rights to his son's name and wrote a gift agreement. Or write a will stating that the entire inheritance will be inherited by the son.

1. After the death of the wife, half of the house that is the joint property of the husband and wife has become the wife's inheritance, and the other half is owned by the husband personally;

2. For this part of the wife's estate, if the wife has left a will, the part of the property will be inherited according to the will, and if not, the estate will be divided according to the legal inheritance;

3. If the wife has a will and the will states that part of the property belonging to her husband is left to her husband, her children have no right to inherit it, in which case the whole property belongs to the old man himself; If there is no will or the will states that it is not only left to the husband, then the property is jointly owned by the elderly and the children;

4. In the case that the entire property in the above 3 is owned by the husband, the husband may donate the property to the son during his lifetime or write a will stating that the house will be owned by the son after 100 years; In the case where the property referred to in the above 3 is jointly owned by the husband and the children, the husband cannot give the whole property to the son, because he cannot dispose of part of the property of the other co-owners unless the daughter renounces the right of inheritance;

5. In the case of the presence of the children, the grandchildren and grandchildren have no right of inheritance, unless the old man's will specifies that the grandchildren are grandchildren.

The old man first inherits the part of the wife's joint property that belongs to the wife.

If the old man wants to leave the house to his son, he must obtain the consent of the other children, otherwise each child has the right to inherit.

After the death of one of the spouses, half of it belongs to the estate, and if there is no will, according to the legal inheritance, there is inheritance by parents, children, spouse.

Q: Hello lawyer, are you there? I would like to ask a little about the division of matrimonial property.

The division of the joint property of the husband and wife is directly related to the vital interests of the divorced parties. Therefore, when dividing property, attention should be paid to:

1) Clarify the scope of the division of the joint property of the husband and wife.

Correctly determining the scope of joint property between husband and wife is a prerequisite for correctly handling the issue of property division. In the event of divorce, the division of marital property is limited to the joint property of the husband and wife, so before dividing the property, it is necessary to first divide the family and property, and strictly distinguish the joint property of the husband and wife, the personal property and the joint family property, so as to distinguish the joint property of the husband and wife.

2) Clarify the procedure for the division of the joint property of the husband and wife.

Procedure for dividing the joint property of husband and wife: The parties shall first negotiate, and if the negotiation fails, a lawsuit shall be filed with the people's court. The people's court shall first mediate to enable the parties to reach an agreement on the division of property on the basis of mutual understanding and mutual concession; If mediation fails, a judgment will be made.

3) Clarify the basic principles for the division of joint property between husband and wife.

According to the provisions of the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law (from the perspective of property alone), woman A cannot participate in the distribution of the property on the grounds that the property is not the joint property during the marriage. The property was purely the joint property of a man and a woman B during their unlawful cohabitation (not to mention the marital relationship at the time of cohabitation).

In this building, although the name of Woman B is written on the title deed, the man wants to divorce Woman A, and the man and A of the property are divided half, if the man dies, Woman A will occupy 50%, and the other 50% will be divided between A and her two children.