Inheritance Law Inheritance laws for real estate, house inheritance

If there is no other written agreement, it shall be regarded as the joint property of the husband and wife. The following is the legal provisions of the Marriage Law regarding matrimonial property (quoted from the encyclopedia).

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

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.

It's a joint property that you bought after your marriage.

Real estate inheritance, like other inheritance, refers to the legal act of transferring the ownership of the decedent's house and its land use right to the heir in accordance with legal procedures.

Real estate inheritance is a way to obtain ownership and use rights.

1. Inheritance should only occur after the death of the decedent (in the case of property inheritance, the person who left the property).

This is the first condition for inheritance.

In order to avoid disputes over real estate in the future, some property owners hand over the property rights to the heirs before their deaths, such as distributing them to one or each of their children, which is also a legal act, but this is not inheritance, because the inheritance has not yet begun, but a gift before death.

2. The person who inherits the estate shall be the legal heir of the decedent, that is, the heir who can be the heir in accordance with the provisions of the law.

This is the second condition of inheritance.

If the decedent makes a will, designates the property to someone other than the legal heir, or donates it to the state or the collective, this is also the way in which the decedent disposes of the estate, but this is not an inheritance but a bequest.

3. The property shall be the property owned by the deceased during his lifetime.

This is the third condition of inheritance.

Some properties are co-owned, such as the common co-ownership between husband and wife, and when one of the spouses dies, not all of the property becomes an inheritance.

In this case, the property rights of the property should be divided first, and the share belonging to the spouse of the deceased (unless agreed, half of the share of the real estate should generally be divided) should be divided, and then the inheritance should be carried out.

Article 10 of the Inheritance Law (repealed as of January 1, 2021) The estate shall be inherited in the following order:

First order: spouse, children, parents.

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.

If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Article 1127 of the Civil Code The inheritance of inheritance shall be in the following order:

a) First order:

spouse, children, parents;

b) 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.

If there is no first-order heir, the second-order heir shall inherit. Leaky annihilation.

For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Article 1123 of the Civil Code After the commencement of inheritance, it shall be handled in accordance with statutory inheritance; If there is a will, it 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.

Several legal issues of real estate inheritance: 1. The concept of real estate inheritance and the conditions for the occurrence of inheritance relationship; 2. Commencement, acceptance, sale, renunciation, and loss of inheritance. In accordance with the relevant laws and regulations, after the commencement of Sino-Hu inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; If there is a hail leak in the bequest and maintenance agreement, it shall be handled in accordance with the agreement.

The Civil Code does not directly point out the inheritance of real estate. The Civil Code mainly stipulates two types of inheritance: statutory succession and testamentary succession. However, with regard to the inheritance of real estate, the parties can make a judgment based on the following main legal provisions:

First of all, according to Article 1122 of China's Civil Code, inheritance is the personal legal property left behind when a natural person dies. If the property is legally owned by an individual, it can of course become part of the inheritance and be inherited accordingly by the heirs. Secondly, according to Article 1123 of China's Civil Code, after the commencement of inheritance, it is generally handled in accordance with the order stipulated in the statutory succession.

If the deceased has a will before his death, it will be handled in accordance with the contents of the will. In other words, if the deceased made a will to dispose of the property during his lifetime, it should be executed in accordance with the will.

Civil Code of the People's Republic of China

Article 1122:Inheritance is the lawful property left behind by a natural person when he or she dies.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it 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.

Article 1124:Where the heirs renounce their inheritance after the inheritance has begun, they shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.

The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Matter. The law stipulates that if there is no will that clearly states that the inherited property belongs to one party, the inherited property is the joint property of the husband and wife.

The law is based on the evidence

Civil Code of the People's Republic of China

Article 1062: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.

Article 1063:The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined in a will or gift contract to belong to only one party; 4) Daily necessities for the exclusive use of one side; (5) Other assets that should be attributed to the good party.

Summary. Hello, for your question [Housing Legal Inheritance], the answer to this question is as follows. Real estate inheritance refers to the legal act of transferring the ownership of the house and the land use right of the decedent to the heir in accordance with the provisions of the Inheritance Law.

Real estate inheritance is a way to obtain ownership and use rights.

Hello, for your question [Housing Legal Inheritance], the answer to this question is as follows. Real estate inheritance refers to the legal act of transferring the ownership of the house and the land use right of the decedent to the heir in accordance with the provisions of the Inheritance Law. Real estate inheritance is a way to obtain ownership and use rights.

It is necessary to prove that 1. The agreement on the division of the joint property of the heirs can be effective as long as each heir agrees and signs, and no heir may breach the contract. 2. If each heir has no objection to the division of the inherited common property, he or she can go through the transfer procedures with this agreement.

There are two kinds of inheritance of real estate, one is testamentary succession, and the other is statutory inheritance, if the deceased did not leave a will during his lifetime, it must be handled in accordance with the legal inheritance. To go to the notary office to issue a notarial certificate, you need to bring two certificates and two documents: 1. You must go to the police station to issue the death certificate of the deceased.

2. The property right certificate or other certificate of the house; 3. Go to the deceased's unit (or neighborhood committee or village committee) to issue a legal heir certificate. The content mainly includes the names of the deceased's spouse, parents, children, and whether the deceased's parents have passed away. 4. If there is more than one legal heir, and the property is transferred to only one of them, the written consent of the other person is required to renounce the inheritance of the property.

5. The identity document of the heir.

Hello, may I ask if I can only inherit the house I have my own children and my parents, and I can't let my brothers and sisters inherit it, right?

No, dear, you can transfer the property to your brothers and sisters, then it is not called inheritance, it is called buying and selling or gifting.

What are the current policies for veterans' preferential treatment cards?

Dear, there are the following preferential policies: 1. I can enjoy priority services in public service places such as railways, highways, and aviation with the preferential treatment certificate of "the survivors of retired soldiers or martyrs, the survivors of servicemen who died in the line of duty, and the survivors of servicemen who died of illness". 2. Priority services are available in public parks, scenic spots, memorial halls and other public places, and some scenic spots can be exempted or exempted from admission fees with preferential treatment certificates.

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6. Priority for staying in public pension institutions with the same conditions. 7. In the declaration of public welfare posts, priority should be given to the employment of those who have difficulty in retiring from the war, and the employment guarantee for laid-off veterans will be solved.