Brothers are separated, and the younger brother will be like this for a while, and will be like that

Signing a "family separation form" (i.e., "family separation agreement", similar to a contract) is protected by law When writing the content, pay attention to the following points when dividing the family and property: (1) When dividing the family and property, it is necessary to distinguish between the common property of the family and the personal property of the family members. The division of property can only be the division of the common property of the family, and the personal property belonging to the family members does not belong to the category of division.

2) When dividing the family property, the common family property shall be divided in accordance with the principle of fairness and reasonableness. The division of property is directly related to the future living arrangements of family members, so it should be carried out in the form of an agreement on the separation of family and property, so that there will be no disputes over the unclear ownership of a certain property after the separation. The basic content of the agreement shall include the following aspects:

1) The name of the contractor, the title of the person in the family (elder brother); (ii) the reasons, reasons and purposes for the separation; (iii) An agreement on the division of the common family property and arrangements for the settlement of the debts of the original family; (4) A breakdown of the divided property and the name of its owner; (5) The name of the witness (notarization is also acceptable); 6) Signatures and seals of the contractors and witnesses; (7) The specific time and date of execution of the contract.

Yes, let the lawyer do the witness.

Legal analysis: Brothers have a joint relationship with respect to the common property of the family, and the co-owners may request division when the basis of the common property is lost or there are major reasons for dividing it, and if the negotiation fails, they may file a lawsuit with the court to demand the division of the property.

Legal basis: Article 303 of the Civil Code of the People's Republic of China Where the co-owners agree not to divide the jointly owned immovable or movable property in order to maintain the co-ownership relationship, it shall be in accordance with the agreement, but if the co-owners have serious reasons to need to divide it, they may request division; If there is no agreement or the agreement is not clear, the co-owners may request division at any time, and the co-owners may request division when the basis of the co-ownership is lost or there are serious reasons for the division. Where the division causes harm to other co-owners, compensation shall be given.

Legal analysis: If it is the elderly, how the elderly are distributed, if it has nothing to do with the law, there is no other explanation, just to divide the house from a reasonable point of view, and the two brothers will do it through consultation. The separation agreement is a civil contract, as long as the separation agreement does not violate the provisions of the law and the true intention of both parties is expressed, it has legal effect and is binding on both parties.

Legal basis: "Land Management Law of the People's Republic of China" Article 62 A rural villager household may only own one homestead land, and its area shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government.

The main feature of the separation of two brothers is that the joint property of the family is divided before it can be counted as a separation.

One is that the property is indeed jointly owned by family members, and it is the division of the family joint property by family members. For example, parents, children, siblings and other family members live and work together, and use the income from labor to build houses, purchase of living and means of production; Ancestral property jointly managed and used by family members for a long time; The property that belongs to the family, such as a house purchased with joint financing, is "divided".

The other is that parents divide their own property such as savings, gold and silver jewelry, real estate, etc., to their children or other family members. Although it is also a "division of the family", it is the property of the parents and not the joint property of the family members. This kind of "separation" is actually the right of disposition of the property owned by the parents as the property owner, which is a "gift" in the legal sense.

If two brothers are separated, a written separation agreement shall be signed, which shall set out a specific list of property divisions, which shall be signed and confirmed by both parties in person.

When proceeding with the separation, there are a few things to keep in mind:

1. If the divided family property does not belong entirely to the two brothers, and the other owners do not agree to divide it, the two brothers cannot divide it alone. The property should be disposed of first, and the property belonging to the two brothers should be divided first.

2. If the parents are still alive and the property is the property of the parents, and the parents agree to divide it between the two brothers, the parents should sign the separation agreement as the parties.

Answer: Hello, the separation of the two brothers generally depends on whose house belongs to the law, if it is the old man's, how the old man distributes it, if it has nothing to do with the law, there is no other way to say, just stand in a reasonable perspective to divide the house, and the two brothers will carry out it through negotiation.

The separation agreement is a civil contract, as long as the separation agreement does not violate the provisions of the law, and the true intention of both parties is expressed, it has legal effect and is binding on both parties, and the basic content of the agreement should include the following aspects:

1. The basic information of the contractor, and the title of the generation in the family.

2. The reason, reason and purpose of the separation.

3. The agreement on the division of the common family property and the arrangement for the repayment of the original family debts.

4. A breakdown of the divided property and the name of its owner.

5. The name of the witness, the witness is not required, but can be established voluntarily.

6. Signatures and fingerprints of the contractor and witnesses.

7. The specific time and implementation date of the contract.

Question: When separating the family, the specific house coordinates and locations are not clearly written on the separation agreement, can you still send it if the words are clear, there is only one copy, the agreement.

The main question is that it is unfair now, there is no copying, and there is no specific time to take effect, only the time of the contract.

The question was asked, because the old man did not make the problem of the homestead clear when the family was separated.

The question is not written clearly now, is it okay, can it be overturned.

The agreement was written, and the old man did not agree to this kind of separation agreement, can it be redistributed.

Question: If the property owner says that he does not agree with this division and wants to re-divide it, is the written agreement still valid?

Separated from their parents, the two brothers set up their own families and lived independently.

As long as the income is not used for living together, it is sufficient.