Seek a lawyer for real estate family dispute division, real estate division lawyer

The owner of public housing is the state or the collective, so after the death of the tenant of public housing, the public housing cannot be inherited and divided as the property of the tenant, but can be continued to be rented by the same occupant or other relatives in accordance with the law, in fact, that is, the inheritance of the tenant right of public housing.

In the event of the death of a tenant of public housing, the tenant shall be determined in accordance with the following provisions:

One. If the co-resident has a permanent residence in the city before his death, the person determined by the co-occupant through consultation shall continue to lease;

Two. If consensus cannot be reached in accordance with Article 1, the lessor may determine the change of tenant among the co-occupants in the following sequence:

1. The spouse of the original tenant;

2. Children of the original tenant (housing situation in other places, length of residence in this place, etc.);

3. Parents of the original tenant;

4. Other people (according to the housing situation of other places and the length of residence in this place).

Three. If the co-residents who did not have a permanent residence in the city before their death, the other spouses and immediate family members who have permanent residence in the city shall continue to occupy the tenant by consensus;

Four. If consensus cannot be reached in accordance with Article 3, the lessor shall determine the lessee in the following order:

1. The spouse of the original tenant;

2. Children of the original tenant (according to the living situation elsewhere);

3. Parents of the original tenant;

4. Other immediate family members of the original tenant (according to the housing situation elsewhere).

Note: Co-occupant: refers to a person who has actually lived in the rented house for more than one year (except in special circumstances) when the tenant of a public residential house dies or changes the lease relationship, and there is no other house to live in the city, or there is a person who has difficulty living in it (marriage and birth are not subject to the above conditions).

Your brother won't sue you, and he won't win, so you don't have to worry.

To be honest, the court will not favor the younger brother because of the good living conditions of the elder brother, and the law is fair.

Legal Analysis: At present, lawyers in different regions charge different fees for taking over divorce cases. Lawyers in economically underdeveloped areas generally start at 500 yuan to 1,000 yuan; In economically developed areas, such as Beijing, Shanghai, Guangzhou and other large cities, lawyers' fees are relatively high.

For example, in Beijing, some lawyers can take over a divorce case for two or three thousand yuan; Some lawyers can start up to 10,000 yuan; In addition, depending on the amount of the subject matter of the case, the lawyer's fee also varies. At present, there are generally two types of lawyer fees:

1. Start with an amount and then add a certain fee according to the disputed property that exceeds a certain amount. For example, a lawyer's fee starts at $5,000. In other words, no matter how small the amount in dispute is, or even if there is no disputed common property, the starting fee is 5,000.

If the disputed property exceeds a certain amount (generally 100,000 yuan), a certain percentage will be charged for the excess. In short, the more assets in the family, the higher the lawyer's fee may be.

2. Risk**: Pay a certain basic fee, and then determine a fee amount for the amount of property returned. This kind of case is generally applicable to cases where the focus of the dispute is the division of property, and the difficulty of such cases generally lies in the collection or enforcement of common property.

For example, one party does not know the other party's ** situation or bank deposit situation, argument or company equity holdings, or the other party's property is scattered, in various provinces, cities and even countries. It requires a lawyer to do a lot of investigation and evidence collection. In order to encourage the lawyer's enthusiasm for work, in the case of mutual agreement, the party first pays a certain amount of start-up capital (usually about 5,000 yuan), and then the lawyer collects relevant evidence, searches the other party's property, and does property preservation work, and is responsible for the enforcement of the case after the judgment.

In the property returned from execution, the lawyer extracts a certain percentage of the remuneration, which is generally around 10-20% at present.

When a law firm negotiates a lawyer's service fee with a client, it shall consider the main factors under the lead letter: 1. The working time consumed; 2. The degree of difficulty of legal affairs; 3. The number of lawyers required to handle legal affairs and the professional ability of the lawyers; 4. The client's affordability and local social and economic development; 5. Risks and liabilities that lawyers may bear; 6. The lawyer's social reputation and work level; 7. Other necessary costs and expenses required to handle the case.

Legal basis: Article 47 of the "Lawyers Law of the People's Republic of China" Where a lawyer commits any of the following acts, the judicial administrative department of the district people's ** of a districted city or directly governed municipality is to give a warning and may impose a fine of up to 5,000 RMB; where there are unlawful gains, the unlawful gains shall be confiscated; where the circumstances are serious, a punishment of suspension of practice for up to three months is given

1) Practicing in two or more law firms at the same time;

2) Contracting business by improper means;

3) Serving as a person for both parties in the same case, or having a conflict of interest with themselves or their close relatives in legal affairs;

4) Serving as a litigant or defender within two years of leaving the people's court or people's procuratorate;

5) Refusal to perform legal aid obligations.

1. Article 4Where the parties use arbitration to resolve disputes, both parties shall voluntarily reach an arbitration agreement. In the absence of an arbitration agreement, if one party applies for arbitration, the arbitration commission shall not accept it.

2. Article 5If the parties reach an arbitration agreement and one party files a lawsuit with the people's court, the people's court shall not accept it, unless the arbitration agreement is invalid.

3. Article 9The system of final arbitration shall be implemented. After the award is rendered, if the parties apply for arbitration or file a lawsuit with the people's court again for the same dispute, the arbitration commission or the people's court shall not accept it.

If the award is revoked or not enforced by the people's court in accordance with law, the parties may apply for arbitration in accordance with the arbitration agreement reached by the two parties in respect of the dispute, or may file a lawsuit with the people's court.

4. Article 17The arbitration agreement shall be invalid under any of the following circumstances:

1) The agreed arbitration matters exceed the scope of arbitration prescribed by law;

2) Where a person who lacks or has limited capacity for civil conduct enters into an arbitration agreement;

3) One party uses coercion to force the other party to enter into an arbitration agreement.

5. Article 55When the arbitral tribunal arbitrates a dispute, a part of the facts is already clear and it may make a preliminary decision on that part.

6. Article 57The award shall take legal effect from the date of its issuance.

7. Article 76:The parties shall pay the arbitration fees in accordance with the regulations. The method of collecting arbitration fees shall be reported to the price management department for approval.

Amount in dispute (RMB) Arbitration case acceptance fee (RMB).

The part below 1000 yuan is 40-100 yuan.

The part of 1,001 yuan to 50,000 yuan shall be paid at 4-5%.

The part of 50,001 yuan to 100,000 yuan shall be paid at 3-4%.

The part of 100001 yuan to 200,000 yuan shall be paid at 2-3%.

The part of 200001 yuan to 500,000 yuan shall be paid at 1-2%.

The part from 500001 yuan to 1,000,000 yuan shall be paid.

The part above 1000001 yuan shall be paid.

Not all property disputes can be arbitrated, and in the case of family property disputes, such as marriage, adoption, guardianship, maintenance, and inheritance disputes, they cannot be arbitrated.

Hello, if the lawsuit involves the dissolution of marriage, the case should not be accepted before the arbitration commission. If it is only a matter of division of property, you can apply for arbitration. The specific cost is determined according to the size of your target amount.

A: It's okay, it's yours.

B: You can sell it yourself. The ownership of the house is subject to registration, and your title certificate is the same as the registration with the housing management department, which is recognized by the state.

C: It is not considered invalid, but the ownership of property rights shall be determined according to registration.

D: Probably not, if it is really affected by the contract, you can solve it through litigation and win the lawsuit.

E: You should keep the sales contract you signed and the relevant procedures for your payment, which can prove that he has actually sold the house to you, although the procedures here are a little irregular, but this fact can be determined, and you should be able to win the lawsuit. Don't worry, just get a lawyer to help you if you need it.

Did you have an agreement with the seller at that time? Can I use an intermediary company"? The property rights written on the title deed are in your name, and the co-ownership is!

Having this doesn't represent your homeownership and nothing. Deed tax invoices. Although you don't have it, you can go to the real estate archives bureau to adjust the file, it does not affect you, there is also a way to apply for the land certificate, as long as your neighbor handles it, you can take your real estate certificate yourself and go to the land bureau to directly handle dozens of yuan The basis of the land bureau is the drawings of your house.

What the original homeowner sues you. She couldn't pass the real estate bureau without her giving up. Will the real estate bureau handle it for you separately? Rest assured, there's no moral problem. Let's be satisfied.

Given the complexity of your situation and the size of the target, it is advisable to consult a lawyer for an interview.

It is recommended that you bring your documents to a lawyer in person**.

Housing is divided or merged, and ownership is transferred. First of all, it should be made clear that the division and merger referred to here does not refer to the division or merger of the house by the same owner, but refers to the division and merger of the house by two or more rights holders jointly as the subject of the right to the ownership of the house. The division of the house means that two or more rights holders jointly act as the right subject of the ownership of the house, and the co-owner cannot determine which part of the house belongs to him, but after the division, it becomes separately owned, and the right subject becomes a single owner.

Merger is the case when two or more rights holders turn their separately owned houses into joint ownership. In the case of the above-mentioned subdivision** house, one property owner becomes owned by one of them through the purchase of each property.

A little description of the division of the house is needed here. In the industry, many people refer to the division of real estate property rights as "property separation", and the term "property separation" has been used in the history of our country. Property division generally refers to the division of family property, including real estate.

It may be that "analysis" is easily confused with "analysis" in "analysis and research", and the terms "analysis" and "analysis" are mainly used by the private sector and industry insiders. In the Provisional Regulations on Deed Tax, issued at the beginning of the founding of the People's Republic of China, the word "analysis" was also used instead of "division". In law, it is customary to use the term "partition", which refers to the division of common property.

In the division of real estate, "property separation" and "division" should be synonymous. The division of real estate shall be based on the premise that the real estate belongs to the common ownership, and only the real estate that originally belonged to the common ownership (including the real estate registered by one of the husband and wife but in fact co-ownership) can be divided. If a portion of the house owned by the parents is to be given to the son, this is a gift of the property, not a division.

On the face of it, the registration of the division of the property did not add new owners or reduce the number of owners before and after the division. However, before the division, the co-owners were jointly the subject of the ownership of the entire house, but after the division, the co-ownership relationship disappeared, and the original co-owners became the subject of the ownership of a certain part of the house in the original house. The subject of ownership has changed.

Article 17 of the Ministry of Construction's original (Administrative Measures for Ownership Registration) also stipulates: "Due to the ...... of housing salesWhere the transfer of ownership occurs due to division, merger, adjudication, or other reasons, the parties shall ......Application for transfer registration", which clearly lists the division of real estate as the scope of transfer registration.

It is better to look at the specific problem and explain the problem further.

If the owner of the land use right certificate or property belongs to your grandfather, you can file an inheritance dispute lawsuit to protect your legitimate rights and interests.

For the land requisition compensation that your grandfather is entitled to, it is possible to claim inheritance.

Hello, 1. Whether the promised money is fulfilled is only a moral obligation, and you have no right to assert. 2. The house and compensation are within the scope of the estate, and your father also has the right to inherit. Proposal to file an inheritance lawsuit.

Inheritance can be requested.

Judging from the questions you raised, the legal relationship is more complex, and you are not very clear. If your father lived with your uncle before he got married, the courtyard and house where they lived should be your grandfather's homestead and house, depending on whether the homestead was allocated according to the population at that time, that is, whether your father was one of the family members who allocated the size of the homestead. The division of the joint property of family members is concerned here.

The death of your grandfather means the beginning of inheritance, and it is illegal for you and your uncle to monopolize the inheritance. Consultation is recommended.