I am entrusted by my nephew to dispose of my nephew s pre marital property, do I need the consent of

Updated on society 2024-05-27
41 answers
  1. Anonymous users2024-02-11

    No, you don't. Because you are dealing with your nephew's premarital property and have nothing to do with your niece-in-law, you don't need your nephew's consent.

  2. Anonymous users2024-02-10

    If the part of the pre-marital property involves the niece-in-law, you must obtain the consent of the niece-in-law if you want to deal with it.

  3. Anonymous users2024-02-09

    The consent of the niece-in-law is not required, as it is a pre-marital property and she has no right to intervene.

  4. Anonymous users2024-02-08

    No, because it's pre-marital property, and it has nothing to do with the daughter-in-law.

  5. Anonymous users2024-02-07

    These things don't need his wife to agree to, as long as your nephew agrees, in fact, many people will feel that these interests must have an agreement.

  6. Anonymous users2024-02-06

    If I want to solve this problem, if I encounter this situation, since I encounter this matter, then I must agree with my nephew and daughter-in-law, and only in this way can the matter be completely resolved.

  7. Anonymous users2024-02-05

    If there is a power of attorney, the consent of the nephew and daughter-in-law is not required.

  8. Anonymous users2024-02-04

    The consent of the nephew and daughter-in-law is not required, because it is the nephew's pre-marital property and does not belong to the joint property of both parties, so there is no need to ask for the consent of the nephew and daughter-in-law.

  9. Anonymous users2024-02-03

    If there is a proxy of attorney for the nephew, the nephew's pre-marital property is disposed of without the consent of the nephew's daughter-in-law. If she refuses to hand over the keys, she can take matters into legal action in accordance with the law.

  10. Anonymous users2024-02-02

    If they are already divorced, and they do not need to get the consent of their nephew and daughter-in-law with the authorization of their nephew.

  11. Anonymous users2024-02-01

    As long as the nephew gives you a power of attorney, you don't need the consent of the nephew's daughter-in-law, because it is to deal with the nephew's premarital property. The nephew has the right to entrust you with some matters.

  12. Anonymous users2024-01-31

    Have your nephews and their husbands done prenuptial notarization? If so, the nephew's premarital property belongs to your nephew, and he has the right to decide what to do with it. It is best to have a notarized power of attorney for you to deal with.

    If he has not done property notarization, he should pass with his daughter-in-law in advance to clarify which premarital property is good, so as to reduce disputes, and you can also do the handling work.

  13. Anonymous users2024-01-30

    Your nephew writes you about your pre-marital property. **Person. Power of attorney yet? If it is written, your nephew and daughter-in-law do not need to agree.

  14. Anonymous users2024-01-29

    You are entrusted by your nephew to dispose of your nephew's pre-marital property through the consent of your nephew and daughter-in-law. Because they are not divorced. Nephews and daughters-in-law have the right to interfere in these matters.

  15. Anonymous users2024-01-28

    The entrustment of the mobile phone handles its own penny property. That must have been with the consent of that nephew and daughter-in-law.

  16. Anonymous users2024-01-27

    Since it is the pre-marital property of the nephew, I don't think there is any need for the nephew and daughter-in-law to agree!

  17. Anonymous users2024-01-26

    The property purchased by the nephew before marriage shall be recognized as the nephew's pre-marital property, and the woman shall not have the right to demand division in the event of divorce.

    According to the 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:

    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.

    Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property 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 unclear, the provisions of articles 17 and 18 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 binding on both parties.

    Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

    The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

  18. Anonymous users2024-01-25

    If it doesn't lie to you, it's fine, but if it lies to you, there may be disputes, depending on whose character.

  19. Anonymous users2024-01-24

    Legally, the owner of the property has the right to dispose of the royal reputation of the property himself, and does not need the consent of the spouse.

    The judgment of the online consultation is only an analysis based on the content provided by the consultant and is for reference. If the case is complicated, it is best to find a lawyer for an interview and to study and deal with it.

    Due to the limited time and energy, the right side is limited to the Beijing area only to call for consultation, and the field can also be called if you have the intention to entrust, please explain the purpose after connecting.

  20. Anonymous users2024-01-23

    Unless the uncle makes a will, he can only inherit in the order of succession under the inheritance law, and the nephew is not in the order of succession.

  21. Anonymous users2024-01-22

    Hello, if there is no arrears in this house before marriage, it has nothing to do with you. If you continue to repay the loan after marriage, it has something to do with you.

  22. Anonymous users2024-01-21

    Are you divorced? It's so clear, if the divorce is more up-to-date, the marriage law really has nothing to do with you.

  23. Anonymous users2024-01-20

    Pre-marital property, it has nothing to do with you.

  24. Anonymous users2024-01-19

    Unless he dies without direct heirs.

  25. Anonymous users2024-01-18

    If the uncle does not have a wife, children, parents and brothers, it is okay to be a close relative.

  26. Anonymous users2024-01-17

    If the uncle leaves the property to the nephew in the form of a will, the law allows it. Otherwise, the nephew is not the heir under the law and cannot inherit the uncle's estate. The law also stipulates that if the nephew fulfills the obligation to support the uncle, or if the nephew is not able to live independently and needs to be supported by the uncle, he can receive a share of the inheritance.

    Therefore, the most appropriate way for a nephew to inherit his uncle's property is through a will.

    Article 10 of the Inheritance Law The inheritance shall be carried out 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.

    Article 14 of the Inheritance Law may give them an appropriate inheritance to those other than the heirs who lack the ability to work and have no livelihood who rely on the support of the decedent, or those who support the decedent more than the heirs.

  27. Anonymous users2024-01-16

    In the case of the first order of heirs, neither father, mother, children, wife, or will be able to inherit.

  28. Anonymous users2024-01-15

    A: It depends on how the two of you talked about it in the first place. If two people discuss leaving their pre-marital property to their respective children, it is certainly possible. If you ask for it unilaterally, then you have to consult with him, which is the most basic respect between two people.

  29. Anonymous users2024-01-14

    If it is your own pre-marital property, you do not need to ask the consent of the other party. However, you'd better go to a notary public to get it notarized.

  30. Anonymous users2024-01-13

    Hello, yes, it's better to go to the real estate bureau to get a notarization, or ask a lawyer to give an explanation.

  31. Anonymous users2024-01-12

    Go to the property to do a pre-marital notarization of property.

  32. Anonymous users2024-01-11

    1. A contract in which the spouse alone disposes of the other party's pre-marital property is a contract whose validity is to be determined.

    2. If the other party recognizes it, or the other party does not make an objection in time after knowing it, the contract is valid. If the other party does not recognize it, or does not know the disposition of the spouse, the spouse's act is an act without the right to dispose of it, and the contract is invalid.

    General Principles of Civil Law. Paragraph 1 of Article 66 The act of not having ** rights, exceeding ** rights, or after the termination of ** rights, only after the recognition of the ** person, the ** person bears civil liability. For conduct that has not been recognized, the perpetrator bears civil liability.

    Where the person knows that others are carrying out civil acts in their own name but does not deny it, it is deemed to have consented.

  33. Anonymous users2024-01-10

    The contract is valid. However, it should be noted that the provisions of Article 51 of the Contract Law should not be misunderstood, so as to think that the disposition of another person's property by a person without the right of disposition needs to be recognized by the right holder or the right of disposition is obtained after the person without the right of disposition enters into a contract before the contract is valid. In fact, the mainstream view is that the disposition mentioned in Article 51 of the Contract Law is the transfer and modification of the real right of the index.

    This is based on Article 3 of the Supreme People's Court's Interpretation of Disputes over Sales Contracts, which clearly states that even if a contract is invalid on the ground of lack of ownership, the people's court will not support it.

  34. Anonymous users2024-01-09

    Recently, there are many parties who have consulted whether the husband and wife need to sign the house sale, and today I would like to share with you that the Marriage Law stipulates that husband and wife have equal rights to dispose of jointly owned property, and at the same time, the Interpretation of the Marriage Law explains the right to equal disposal, and the Interpretation of the Marriage Law emphasizes that the husband or wife has equal rights in dealing with the joint property of the husband and wife. Either party has the right to decide on the disposition of the joint property of the husband and wife for the needs of daily life. Where the husband or wife makes important decisions on the disposition of the joint property of the husband and wife other than for the needs of daily life, the husband and wife shall negotiate on an equal footing and reach a consensus.

    Where others have reason to believe that it is an expression of the common will of the husband and wife, the other party must not oppose the bona fide third party on the grounds that they do not agree or do not know. It is not difficult to see from the provisions of the law that if the house to be sold involves the joint property of the husband and wife, in principle, the husband and wife need to sign and agree together. If the house is the personal property of the husband and wife or the other party meets the conditions for being good at acquiring the house, even if the unilateral signature is valid.

    Article 17 of the Marriage Law of the People's Republic of China The following property acquired by a husband and wife during the existence of a 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.

  35. Anonymous users2024-01-08

    The prenuptial house should be a prenuptial private property, and if it is not notarized before the nuptial, it should not be signed by both parties. At this time, if you buy a house again, it can be counted as the joint property of the husband and wife, and both parties sign and notarize.

  36. Anonymous users2024-01-07

    No, the pre-marital property is personal property and does not require the signature of the other party.

    Pre-marital property: If you buy a house before marriage, the property right is owned by the registered party, and it is a pre-marital property.

    If one party pays the full amount of the house before marriage and obtains the real estate certificate, it is the premarital property, and the premarital property belongs to the personal property of the husband and wife, and the other party has no right to claim division in the event of divorce. If one party pays the full amount of the house before the marriage, and obtains the real estate certificate after the marriage, this is essentially the same as the first case, the only difference is that the time when the real estate certificate is obtained is different. In this case, it is also pre-marital property, which belongs to one party, and in the event of divorce, the other party has no right to claim a division.

    Article 18 of the Marriage Law In any of the following circumstances, it shall be 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.

  37. Anonymous users2024-01-06

    Yes, because the real estate bureau has to sign on the spot, saying that it is a regulation, and the regulations in my country are greater than the law.

  38. Anonymous users2024-01-05

    Then why do you need the other party's household register, ID card, marriage certificate?

  39. Anonymous users2024-01-04

    Hello, if you take out a loan to buy a house before marriage and are still repaying the loan after marriage, it must be signed by both husband and wife.

    For the part of the loan repayment after marriage, the other party has a share.

    If you don't have a loan, then all the income is yours, but if you buy a house again, because you are married, you need both parties to sign at the same time, and the other party has a share.

  40. Anonymous users2024-01-03

    No, pre-marital property belongs to individuals.

  41. Anonymous users2024-01-02

    The marriage law, which has just come out, stipulates that the house you bought before marriage is private property, it is your own property, and you can dispose of it at will, as long as the house was bought by you alone at that time, it will be fine.

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