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As long as your name is on the title deed, you have the right to divide it. Your parents agree to add your name to you, and you're giving you a portion of the property.
Specifically, it also depends on whether your parents' intention when adding your name is agreed by both parties.
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If it is interpreted according to the current marriage law, there are many possibilities... Article 7 Where immovable property purchased by one of the parents for the children after marriage is registered in the name of the investor's children, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the husband and wife. Where the immovable property purchased by both parents is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with the respective parents' share of the capital contribution, unless otherwise agreed by the parties.
Article 10 Where one of the husband and wife signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a bank loan, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce. If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the party whose property rights are registered, and that the loans that have not yet been repaid are the personal debts of the party whose property rights are registered. In the case of divorce, the party registered in the property right shall compensate the other party for the joint repayment of the loan and the corresponding increase in property value between the parties after marriage.
You have to see who paid for the money, and analyze it specifically.
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Although your name is on the title deed, you are not entitled to divide it.1 3 Because the house is actually the joint property of your parents during their marriage, and they are both entitled to half of it.
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There is a principle in the law that the law remedies, and if your father does not agree to the division and he has no other place to live, the court generally does not support it! ·
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The agreement on the division of the parents' house and children should indicate the identity information of the donor and the recipient, including name, gender, ethnicity, date of birth, address, and preferably the ID number. Then it is necessary to write that the donor will donate the house located in ** to the donee, and the donee agrees to accept it. The address of the house must be accurate to the house number.
If, at the time of the gift, the donor wants to set some ancillary obligations for the donee, it is also okay, such as asking the donee to do something. If this is not possible, the donor can revoke the gift, etc. In addition, it should be noted that the transfer of ownership of the donated house should be completed as soon as possible, so as to complete the transfer of property rights.
Civil Code of the People's Republic of China
Article 192: In any of the following circumstances, the donor may revoke the donation:
1) Seriously infringing upon the donor or the donor's close relatives;
2) Failure to perform the obligation to support the donor;
3) Failure to perform the obligations agreed upon in the gift contract.
The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reason for revocation.
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If the parents' house is inherited as a will, it will be divided equally by the legal heirs, or it can be divided by the heirs through negotiation. If it is inherited by will, it shall be divided according to the will. If the decedent does not make a will or bequest maintenance agreement, his estate will be treated as a statutory succession.
Among them, those who have more obligations to the decedent shall receive more of the inheritance. When dividing the estate, it is necessary to pay attention to retaining the inheritance share of the fetus, take care of the heirs who have special difficulties in life or lack the ability to work and have no livelihood, and divide the inheritance more among the elderly and minors who live with the decedent; In testamentary succession, even if the testator does not keep the inheritance share of the heir who is a fetus or lacks the ability to work and has no livelihood, the estate must be distributed.
Legal basis. Article 1130 of the Civil Code of the People's Republic of China [Principles of Estate Distribution] The share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who have special difficulties in life and lack the ability to work shall be taken care of when they divide the inheritance and distribute it.
Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed. If an heir who has the ability to support and has the conditions to support does not fulfill the obligation to support, the inheritance shall be distributed without or with a small share. Where the heirs agree through consultation, it may also be unequal.
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The methods of distribution of the inheritance of the house left by the father are:
1. If the father has a will, the property will be executed according to the will;
2. If there is no will and there is a closed-mode envy bequest and maintenance agreement, it shall be inherited and executed in accordance with the bequest and maintenance agreement;
3. If there is neither a will nor a testamentary maintenance agreement, then the children can inherit the estate in accordance with the method of statutory inheritance. Because the children belong to the legal first-order heirs of the father's estate.
Civil Code of the People's Republic of China
Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, the sedan car shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
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It's all shared. The first order of the old man's heirs are the three sons, and the second son has not died when the old man dies, so the old man's estate should be divided equally among the first order heirs (the three sons). If the old lady is still alive, the old lady will keep 50% of the matter, and the rest will be divided equally among the three sons.
Now that the second son has died, his share is subrogated by his daughter.
Because your husband and wife have been taking care of the elderly for a long time, there are sufficient facts to prove that you can ask for more points appropriately; If there is sufficient basis for the property in the name of the elderly purchased by your husband and wife, it can be deducted according to the proportion of capital contribution (this part will not be treated as an inheritance).
The property in the name of the elderly should be regarded as an inheritance, including the three-card store (these three-card stores must have sufficient evidence to prove that they were built by the elderly). If the property is repaired in the process of use, so that the property has significantly increased in value, the person who pays for the maintenance can share more.
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Hello. You can go to the law firm for consultation, this is a more professional issue, not for ordinary people to make ideas, and the current legal provisions are always new policies introduced, it is recommended to consult a lawyer for more professional and scientific purposes.
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1. The housing management said that if you don't give points, you can't get points, and the regulations are different in different places, and there is no way to do it according to the official opinion.
2. You should be able to write your name when demolishing, and there should be no problem with the demolition party to discuss this, but I don't know if there will be local policy restrictions, so I have to ask the housing management.
3. Gifts from immediate family members are exempt from individual income tax, and inheritance tax is not levied, but if you sell it again, you will have to pay individual income tax. At present, there is no strict control policy on gifts between immediate family members and couples. If you don't plan to sell it, you can go directly to the gift transfer.
If you want to sell, it depends on your own situation, you can choose to transfer the transaction, but the tax may be relatively high, take advantage of the current policy has not been officially implemented to transfer as soon as possible. You should check with your local housing registration department.
4. Segmentation is actually the procedure of the housing management registration, first measured and then divided, but the policies and regulations are different in different places, so it depends on the opinions of the housing management registration, and the official reply shall prevail.
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Hire a lawyer for this! It's fairer and more equitable. lest you tongue-in-cheek. Calm down and solve problems.
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As long as it is the true intention of the parents, it can be divided however it wants.
If it is not necessary, it is best not to divide and create a strong family atmosphere. This may be what parents want to see the most, and of course it needs to be constrained by a complete and detailed family system and agreement, and each household can consciously fulfill it.
If it is really necessary to divide, it is recommended to be notarized to avoid remorse.
The specific division is subject to the real opinions of the parents.
However, from the perspective of rational use of things, it is recommended that the floor is 1 household, the floor is 1 household, and the floor is 1 household; Each household is connected to each other, which is easy to manage, and each household can also set up an indoor staircase (or add a staircase as an indoor staircase for each household) to connect adjacent floors and become an urban duplex house. If the main structure of the foundation allows, in addition to compensation, it should be agreed that the six floors should make up the corresponding area; If the layer can be opened, then the allocation should take into account the fact that the layer can be changed without affecting the rights and interests of the other layers, and others should not regret that they can be operated.
In addition to caring for yourself, you should also care about your parents. How do the parents live after the house is divided, how do you support it, and the monthly alimony for each household is xx yuan; Each household must reserve at least 1 room for parents more than xx square meters for parents to use and live until the 100th birthday, and the house shall not be transferred before the use of the room by the parents. (If the house is in a good location, and your parents rent out part of the house, and you don't need to support you to live out your old age, why is it allocated to you for free?) )。
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The two parents were confused before they were old. This house cannot be divided until it dies. If you finish dividing and taking your part, you will be left alone, and what will happen when you are old and sick?
Take the house and hang them, and see who cares about you? More points for the good ones, less points for the bad ones or no points for the bad ones! I'm in a hurry!
Follow-up asks you to only talk about the reasonable solution to the problem, and the rest is not your concern. Thank you! --Just look at this sentence to know that you are not a fuel-efficient lamp!
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First, you can assess the value of each house and then comprehensively measure the balance of the current currency.
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As long as it is the will of the old man himself, it is reasonable, and after justice, it is legitimate.
What's wrong with the children now, are they crazy?
If your father financed the house and built the house with your grandfather, the house belongs to your father and your grandfather, it is best to have evidence to prove that your father had income during the construction of the house, and the grandfather did not, so that the court can think that the father and grandfather jointly funded the house, although your grandfather's name is written on the homestead use certificate, but the house is shared by your father and grandfather. As for the 2,000 yuan given by your mother to repay the debt, I personally think that it is a gift and has nothing to do with the house. >>>More
The first property, which belonged to his parents, could be inherited in part of his father's share, but since the stepmother had the same inheritance rights as the reborn child, he could inherit one-sixth of the first property. >>>More
If your father remarries, there will definitely be a stepmother and a half-brother or sister who will divide the property with you in the future. So in this case, how do you ensure that your interests are not violated? >>>More
For example, in a certain year, month, day, and time, in a certain minute and a certain second, after negotiation between the two parties, it was finally decided to transfer the house in a certain place to the son, set up some evidence as proof, and then write the year, month and date and sign the name.
What procedures are required for the transfer of the father's house to the son, it is better not to need any procedures, because after all, it is the normal transfer of the father's house to the son.