My parents divorced, but the name of the real estate certificate was my grandmother s name, how to c

The name on the title deed is grandma's name. Then the property right of the house belongs to the grandmother legally, and the rights and interests are protected by law.

When parents divorce, they can only agree to divide and distribute the joint property that belongs to the husband and wife, and cannot divide and distribute the property and housing that belongs to the lawfully owned by others. Nor does another person have the right to divide property that belongs to the lawful possession of the parents.

The Marriage Act provides:

Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by 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.

The ownership of the house in grandma's name belongs to grandma, and the division of property by your parents in divorce only involves the joint property of the husband and wife, which means that the house in grandma's name cannot be moved.

Your dad did the right thing, why should the old man's own house be changed.

Your dad doesn't have the right, as long as grandma agrees, it's OK

Legal analysis: After the death of the father, when the real estate certificate is changed to the mother's name, the legal heir needs to take the personal identity certificate, household registration booklet, house ownership certificate, death certificate, and grandparents' death certificate to the notary office for property inheritance notarization, and handle the notarial certificate according to 2% of the notary fee. Then take the notarial certificate of property inheritance, house ownership certificate and ID card, apply for change to the housing management department, pay 80 yuan of production cost and 1 yuan per square meter of service fee, and do not pay tax.

Legal basis: "Housing Registration Measures" Article 33 To apply for registration of transfer of housing ownership, the following materials shall be submitted: 1. Application for registration; 2. Proof of identity of the applicant; 3. Certificate of house ownership or real estate right; 4. Materials proving the transfer of ownership of the house; 5. Other necessary materials.

Only your father's name is written on the title deed, and if it is a property purchased by your parents with the joint property of the husband and wife during the marriage, then this belongs to the joint property of your parents.

If Mom and Dad divorce, the property can be divided by Mom and Dad through negotiation, and the negotiation will not achieve half of each.

So, as long as it is the joint property of your mom and dad, in the event of a divorce, your mom will have half of it.

There are relevant clear provisions in the Marriage Law and the Civil Code.

The new Marriage Law has not been promulgated since it was promulgated in 2001, and only Interpretation III of the Marriage Law has been promulgated.

It depends on when your parents got married and when they bought the property.

If it was purchased after your parents got married, then it is the joint property of your parents and your parents, and only your father's name is written on it, and your mother also has half of the property.

If it was purchased by your father before the marriage, then it depends on when your parents got married, if it was married in the first 8 years of the promulgation of the new marriage law in 2001, then according to the marriage law at that time, the personal property of 8 years of marriage is converted into the joint property of the husband and wife, then the house belongs to the joint property of the husband and wife, if it is married after the first 8 years, then the house belongs to your father's personal property, and your mother has no property rights.

It depends on whether the house is the joint property of the husband and wife. For example, whether it is purchased within marriage, whether it is purchased with the joint property of the husband and wife, etc., if it is purchased in full before marriage, and the name of the house is only your father's name, it belongs to your father's personal property and will not be divided in the divorce.

The real estate certificate is the name of the parents and the divorce belongs to the parents, because according to the Civil Code of the People's Republic of China, it is stipulated that the real estate register is the basis for the ownership and content of the real right, and the ownership of the house registered in the name of the parents on the real estate certificate belongs to the parents in accordance with the law.

Article 216 of the Civil Code of the People's Republic of China The immovable property register is the basis for the ownership and content of real rights. The immovable property register is managed by the registration authority. Article 240 of the Civil Code of the People's Republic of China: Owners enjoy the right to occupy, use, benefit from, and dispose of their immovable or movable property in accordance with law.

Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) Wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; 3) income from intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; 5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

The real estate certificate is the name of the parents, then the property is the property of the parents, not the joint property of the husband and wife, and the division cannot be requested in the event of divorce. However, if the house payment is provided by the husband and wife when buying the house, or the mortgage is repaid by the husband and wife, then when the divorce is made, you can first claim that the house payment is a creditor's right and ask the house owner to repay it.

Legal basis] Article 209 of the Civil Code.

The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without the registration of Huaikong, it will not take effect, except as otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 217.

The certificate of ownership of the immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

If it is fully funded by one of the parents and registered in the name of the parents, it is the property of the parents, and neither spouse can divorce and request division; If a deposit is paid by one of the parents and registered in the name of the parent, the house is considered the property of the parents and the loan is also considered the debt of the parents. During the marriage, if the property right is registered in the name of Wang Ling's parents, one of the husband and wife who contributed to the purchase of property with the joint property of the husband and wife, evidence may be presented to prove that the husband and wife purchased the property in the name of both husband and wife, and the divorce can be divided. Legal basis:

Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court shall make a judgment on the basis of the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

In real life, there are often reasons such as parents' contribution or circumvention of purchase restrictions, and both husband and wife will choose to register the property in the name of one of the parents. Regarding the question of what to do if the real estate certificate is in the name of the parents, I will answer it for you in detail below.

1. What should I do if the real estate certificate is in the name of my parents?

1. In real life, there are often reasons such as parents' contribution or circumvention of purchase restrictions, and the husband and wife will choose to register the property in the name of one of the parents

1) The property that is fully funded by one of the parents and registered in the name of the parents belongs to the parents, and has nothing to do with both husband and wife, and the husband and wife shall not request division when they divorce;

2) If one of the parents pays the down payment and is registered in the name of the parent, the house will be recognized as the property of the parents, and the loan will also be recognized as the debt of the parents. However, if the husband and wife use the income after marriage to repay the loan, if the two parties divorce, although one party cannot claim the ownership of the house, he can ask his parents to return the loan that has been paid, and divide it equally at the time of divorce;

3) During the existence of the marital relationship, if both parties use the joint property of the husband and wife to contribute to the purchase, and the property right is registered in the name of one of the parents, they can fully prove that they borrowed the name to buy the house, and at the time of divorce, they should ask for a division of the real estate. However, if the purchase is of a house in the name of one of the parents, and the property rights are registered in the name of one of the parents, and the other party claims to divide the house according to the joint property of the husband and wife at the time of divorce, the people's court will not support it. If you sue for the capital contribution made at the time of the purchase of the house, you can ask the parents to return it, and divide the money in the event of divorce.

2. Legal basis:

Article 79 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China.

During the existence of the marital relationship, if both parties use the joint property of the husband and wife to purchase a house in the name of one of the parents, and the property rights are registered in the name of one of the parents, and the other party claims to divide the house according to the joint property of the husband and wife at the time of divorce, the people's court will not support it. The capital contribution made at the time of purchase of the house can be treated as a creditor's right.

2. What are the new regulations for the real estate certificate?

New provisions on real estate certificates: from the date of acceptance of the registration application, the housing registration agency shall record the application for registration in the housing registration book or make a decision not to register within the following time limits: 30 working days for the registration of house ownership within the scope of state-owned land, and 60 working days for the registration of house ownership within the scope of collective land.