The title deed is written in the father s name, and the mother has passed away, can the father sell

Updated on society 2024-05-29
44 answers
  1. Anonymous users2024-02-11

    Yes, according to the relevant provisions of the law, the property rights of the house are subject to the registration of the housing management department (the joint property of the husband and wife is an exception), since the real estate certificate is written in your father's name, then the house is the property in your father's name, since it is the property in your father's name, your father can naturally decide whether to sell the house on his own.

    Situation analysis: Even if the house is the joint property of your parents, after the death of your mother, you cannot actively infer that the property in your father's name belongs to the joint property of the husband and wife, and if your mother wants to divide the property rights of the house in your father's name before her death, it must be determined by court litigation (only the rights of the parties, not the facts), as a child, you cannot claim to divide the property by inheriting your mother's estate, because your mother does not have real estate in her name.

  2. Anonymous users2024-02-10

    The real estate certificate is written in the father's name, the mother has passed away, legally speaking, the father cannot sell the house alone, the reason is that although the real estate certificate is the father's name, but after marriage, the house belongs to the joint property, after the death of the mother, half of the house held by him becomes an inheritance, according to the law, his spouse, children, and parents as the first heirs, the average share of ownership, so the father only accounts for the majority, can not own alone, can not sell the house alone, I hope it will help you.

  3. Anonymous users2024-02-09

    No. According to the Civil Code, the house is jointly owned by the parents, and if the mother is currently deceased, the share belonging to the mother will be inherited, and the joint first heir is the spouse, children, and parents, so the mother's share will be inherited to the above people. In other words, the house is now shared by the father, the children, and the mother's parents (if they are still alive), so the father alone cannot sell it.

  4. Anonymous users2024-02-08

    It depends on whether the house is the joint property of the husband and wife or the personal property of the father. If it is his personal property, he can sell the house on his own, even if his mother is alive. If the property is joint and the mother dies without leaving a will, then half of the property belonging to the mother must be jointly inherited by her first-order heirs (spouse, children, parents), then the father cannot sell the house alone, because the house does not belong to him entirely.

  5. Anonymous users2024-02-07

    Although the father's name is written on the real estate deed, and the mother has passed away, the father cannot sell the house alone, and must have the consent of the children and sign it. He can sell the house, or he can't sell the house, and that's what the law says now, you don't have to worry.

  6. Anonymous users2024-02-06

    Anyway, it's the father's name, the mother is no longer there, and now the father wants to sell the house, if the children have no opinion, the father can sell, but the children have to write a statement of renunciation of inheritance, and notarization, if the children do not agree, then your father's house can not be sold, that is to say, when he goes through the sales procedures, there is no notarization of your children's renunciation of the estate statement, and the real estate bureau will not give your father the transfer procedures.

  7. Anonymous users2024-02-05

    If the property is purchased by the parents after marriage, the property right of the house is registered in the name of the father, and it also belongs to the joint property of the husband and wife, after the death of the mother, half of the property belongs to the inheritance, and the estate will be inherited jointly by the parents, spouse and children, and your father currently has no right to ** real estate.

  8. Anonymous users2024-02-04

    Of course, you can, you can write whoever you want, unlike the previous law, which now does not require both husband and wife to sign.

  9. Anonymous users2024-02-03

    The father can sell the house alone, because the father will say it after the mother dies, without the consent of the children.

  10. Anonymous users2024-02-02

    1. From the perspective of transfer transactions and bona fide third parties, there is no problem.

    2. However, legally speaking, for a house that is the joint property of the husband and wife, the child and the father have the right to inherit half of the mother's share, which belongs to the state of joint ownership until it is divided.

    3. Article 301 of the Civil Code stipulates that the disposition of common property shall be subject to the consent of all co-owners.

  11. Anonymous users2024-02-01

    Of course. When a parent's property dies, ownership goes to another. The same goes for real estate, your mother has passed away, and the property rights belong to your father alone, and of course you have the right to dispose of the property rights, so your father can sell the house alone.

  12. Anonymous users2024-01-31

    If that's the case, of course, you can sell it alone.

    Because this is originally the joint property of the husband and wife.

    Now one has passed away, and of course the ownership belongs to another person.

  13. Anonymous users2024-01-30

    The name of the father is written on the title deed, the mother has passed away, and the father cannot sell the house alone. Because the house is the joint property of the husband and wife, and when the mother dies, half of the share belonging to the mother belongs to the children and other heirs, so the father must agree to sell the house with the consent of all the heirs.

  14. Anonymous users2024-01-29

    Of course, this is your father's property, and he has the right to dispose of it himself.

  15. Anonymous users2024-01-28

    Although the title deed is written in the father's name, the property is also the joint property of the father and the mother, and the deceased mother's half of the property should be inherited equally by her first-order heirs, who include the father, grandparents, and all your siblings, so the father alone does not have the right to sell the property alone, and the disposition of the property must be negotiated by all first-order heirs.

  16. Anonymous users2024-01-27

    The real estate certificate is written in the father's name, the mother has passed away, of course the father can sell the house alone, because the real estate certificate is written in the father's name, so of course the father can sell the house alone.

  17. Anonymous users2024-01-26

    Yes, because your mother has passed away, your father can sell the house alone, the house is the joint property of your parents, and now that one of you has passed away, the other party can sell the house alone.

  18. Anonymous users2024-01-25

    The title deed is written in the father's name, the mother has passed away, and the father can sell the house alone, because the house originally belonged to the father and the mother together, and now the mother is dead, so it is natural for the father to sell the house now.

  19. Anonymous users2024-01-24

    Of course, after all, only your father's name is on the real estate deed, and your mother is gone, so it is your father's personal property, so he has the right to sell the house alone.

  20. Anonymous users2024-01-23

    If the house is the father's private property, the father can sell the house independently, and has nothing to do with others, the house is the joint property of the father and the mother, and the father and the mother each get half, and now the mother has passed away, half of the property in the mother's name belongs to the father, and half belongs to your brothers and sisters, that is, your father owns 75% of the house, and you point 25 Qi, so the father cannot sell the house independently.

  21. Anonymous users2024-01-22

    This situation depends on whether the house is bought jointly by the parents after marriage, if it belongs to the joint property of the husband and wife, and her share of the property after the death of the mother belongs to the inheritance, and the people who enjoy the inheritance of her estate are: spouse, children and her parents, and the father must sell the house must be notarized by these people to give up the inheritance of the property before selling the house legally, otherwise even if the transaction is completed to the property rights office, the transfer procedures will not be handled.

  22. Anonymous users2024-01-21

    Yes, the real estate certificate is written in the father's name, indicating that the owner of the house is the father, regardless of whether your mother dies or not, your father alone can sell the house, if there is your mother's name, your father can not sell it, because your mother's part of the inheritance, you also have a share, if you sell the house, you must sign.

  23. Anonymous users2024-01-20

    Yes, because the name of your father is written on the real estate certificate, so your father can sell the house independently, because your father is the user of the house, and the son is your father's fixed assets, so it can be sold

  24. Anonymous users2024-01-19

    OK. The real estate certificate is the father's name, which is owned separately, and can be used to house alone, and when the transfer of ownership, a single statement is provided, or the household registration book shows that the widow is present, or there is a death certificate issued by the hospital, a cremation certificate, a death certificate issued by the police station, etc.

  25. Anonymous users2024-01-18

    For the old husband and wife who have lived together for many years, the house is their common property, although the real estate certificate only has the father's name, but the mother also has a share, the father and mother each have 1 2 property, the mother dies, according to the order of inheritance, the father and his children have the right to inherit, so the father cannot sell the house alone.

  26. Anonymous users2024-01-17

    The title deed is written in the father's name. My mother passed away. My father was able to sell the house on his own. It is also his private property. It can be assigned by himself. is protected by law.

  27. Anonymous users2024-01-16

    Only the father's name on the real estate deed is the house that the father bought before marriage is married, and living with the mother is a joint house, but the mother has passed away, the real estate certificate is the father's name, and the father has every right to dispose of the house. Of course, you have to discuss it with your children before you can sell the house on your own.

  28. Anonymous users2024-01-15

    The title deed is in the father's name, although the mother has passed away. If the house is the property of your parents after marriage, then you have the right to inherit your mother's estate. If you don't agree, the father can't sell the house on his own.

  29. Anonymous users2024-01-14

    If the mother has passed away and the father cannot sell the house alone, the mother's first-order heirs need to transfer the property to the father's name, and the father can buy the house alone.

  30. Anonymous users2024-01-13

    Fathers are not allowed to sell property. Because the real estate deed only has the mother's name, and after the mother's death, her spouse, children, and parents have the right to inherit, so the father cannot sell the property.

  31. Anonymous users2024-01-12

    The father is not allowed to sell the property, because the name on the real estate certificate is not the father, and the house cannot be sold to the owner.

  32. Anonymous users2024-01-11

    If the property was purchased by the father and the mother when they were married, then the father can sell the property, because such property is the joint property of the husband and wife, and the father has the right to rationally plan the property.

  33. Anonymous users2024-01-10

    Although the title deed.

    It is the mother's name, but if it is jointly purchased by the parents after marriage, it belongs to the Civil Code

    Article 1062: "The following property acquired by a husband and wife during the existence of a marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

    1) Wages, bonuses, and remuneration for labor services.

    2) Income from production, operation and investment; The house will follow.

    3) income from intellectual property rights;

    4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

    5) Other property that shall be jointly owned.

    Husband and wife have equal rights to dispose of joint property".

    In the event of the death of the father, the house will be inherited in accordance with Article 1127 of the Civil Code, which states that "the estate shall be inherited in the following order:

    1) First order: spouse, children, parents; (2) 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 inherit; If there is no first-order heir, the second-order heir shall inherit. ”

    Article 1153 "Unless otherwise agreed, when dividing the property jointly owned by husband and wife, half of the jointly owned property shall be divided into the spouse's property, and the rest shall be the inheritance of the decedent", which shall be jointly inherited by the legal heirs, including the mother.

    The house can become a mother's only after the other legal heirs renounce their inheritance rights.

  34. Anonymous users2024-01-09

    It depends on who owns the house, whether it is your mother alone or with your father, if it is one person, it is your mother's, if it is two people, you need to get half of your father's part.

  35. Anonymous users2024-01-08

    The title deed is in the mother's name, and after the death of the father, whether the house is owned by the mother or not, the origin of the house must be clarified:

    1 If the house was purchased by both the father and the mother during the marriage, then the house is the joint property of the husband and wife, and the house belongs to the father.

    After death, half of the house becomes the father's inheritance, which is jointly inherited by the father's spouse, parents, and children.

    2 If the house is the result of demolition, then the resettler has a share in the house, and the father's part becomes the heir. Inherit.

  36. Anonymous users2024-01-07

    If it is purchased after marriage, it is the joint property of the husband and wife, not just the name of the real estate certificate.

    Half of the house is owned by one person, and after the death of the father, the father's half of the property is converted into an inheritance and distributed to the father's parents, spouse and children, and the house does not belong entirely to the mother.

    If it is the mother's premarital property, it is the mother's personal property.

  37. Anonymous users2024-01-06

    If the house was bought by your parents after their marriage, it belongs to the joint property of your parents, and the man dies, the woman has half of the property, and if there is a child, the other half of the property is divided equally between you and your mother. That is, 75% of your mother, 25% of you. The premise is that your grandparents were dead before your father died.

    Otherwise they also have the right to inherit.

  38. Anonymous users2024-01-05

    The property is the joint property of the husband and wife, and no matter which party dies, the property must be transferred to the other party's name before it can be traded again, and the house currently belongs to the mother.

  39. Anonymous users2024-01-04

    This parent father has passed away, this house is the mother's words, the father has died, the house is the mother's name, naturally it is the mother's.

  40. Anonymous users2024-01-03

    The title deed is in the mother's name. My father died. House. It must belong to the mother. The mother has the right of residence and the right of distribution.

  41. Anonymous users2024-01-02

    The title deed is in the mother's name, and when the father dies, the house is the mother's manna because of the mother's name written on the title deed.

  42. Anonymous users2024-01-01

    The title deed is in your mother's name, and the house is your mother's regardless of whether your father dies or not.

  43. Anonymous users2023-12-31

    Because the title deed is in your mother's name, whether your father dies or not, the house belongs to your mother, which is your mother's private property, and of course, you can only inherit it after your mother is no longer there.

  44. Anonymous users2023-12-30

    The Civil Code also stipulates that heirs who have special difficulties in life and lack the ability to work shall be taken care of when distributing the inheritance. 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 the heirs who have the ability and conditions to support do not fulfill their obligation to support, the inheritance shall be distributed.

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