When the parents were still alive, they made a separation agreement, in which the parents could cont

When the parents were still alive, they made a separation agreement, and the parents' share could be controlled by themselves? If your parents make a will, you can pay for it yourself while your parents are away. If it was when your parents were alive, you couldn't control it now.

Only when your parents don't have a will, you can dispose of your share as you like.

That's definitely okay, everyone signs the separation agreement according to their fingerprints, and the part of the parents is distributed in the form of a will, it is best to notarize it to avoid unnecessary trouble in the future, I hope it can help you.

You've split up, when your parents don't have a will. You're free to do it. Your parents are gone, if you have siblings. He didn't make a will, so you should divide it in half, or divide it together.

A separation agreement is nothing more than an agreement in force when the parents are alive, but it does not include the existence of brothers and sisters, and the absence of the parents, who have brothers and sisters who can enjoy their parents' part of the property together, and who have no right to dispose of the parents' part of the property alone unless the parents have left a will.

If there is a will, you can dispose of your share of the estate in the will, and if there is no will, you must inherit and divide it in order according to the inheritance law.

You can't control it, because your parents have already made a will, so you can do what is written in the will.

The parents' share is the share of all the heirs, and if you want to control the parents' share, you must obtain the consent of the other heirs.

Dividing the family is actually dividing the family's money and things, and looking at the maintenance of others by themselves. But I don't think it's easy for an old man to have children and raise daughters for a lifetime, and I shouldn't hurt my parents like this when they're alive.

It has the right to dispose of it after it is officially allocated.

Executed according to the separation agreement. The parents' share is enforced according to the inheritance law.

Legal analysis: First, the idea of splitting the family was directly proposed to the father.

The second is to file a lawsuit with the court and rely on the court to make a judgment.

Legal basis: Article 5 of the Regulations of the People's Republic of China on Household Registration is based on the household. Where they reside together with the person in charge, they shall be established as one household, and the person in charge shall be the head of the household.

If you live alone, you will be the head of your own household. Households residing in government agencies, organizations, schools, enterprises, institutions, and other units and public dormitories are established together or separately. The head of household shall be responsible for filing the household registration in accordance with the provisions of this Regulation.

Summary. Hello, Separation Agreement with Parents The separation agreement signed with the parents has legal effect. A valid separation agreement requires that the intention of the parents and children should be voluntary, genuine, and have the corresponding civil capacity, and the separation agreement must not violate public order and good customs, mandatory provisions of the law, and the content shall be legal.

Hello, Separation Agreement with Parents The separation agreement signed with the parents has legal effect. A valid separation agreement requires that the intention of the parents and children should be voluntary and true, and they should have the corresponding civil capacity, and the separation agreement must not violate public order and good customs and the mandatory provisions of the law of repentance, and the content is legal.

legal analysis; The separation agreement has legal effect, and the law does not clearly regulate the failure of the separation agreement, so the specific imitation of the division agreement falls within the scope of the civil contract, and all the parties to the agreement need to negotiate the division of the relevant property.

Legal basis: Article 143 of the Civil Code provides that civil juristic acts that meet the following conditions are valid: the actor has the corresponding capacity to conduct civil matters; The meaning means that it is true; It does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

Article 502, The imitation of Hongbitong that has been established in accordance with the law shall take effect at the time of its establishment, unless otherwise provided by law and agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses.

The parties who should go through formalities such as applying for approval fail to perform their obligations.

The basic content of the agreement shall include the following aspects: (1) The basic information of the contracting party, including the date of birth, ID card number, and home address. (2) The reasons, reasons and purposes for the separation.

3) The agreement to divide the common family property and the arrangement of the original family's debts to be settled; For example, if you are the original husband and wife, you have one child together, but you have no other children. The husband and wife jointly built (purchased) a house located in the locality, and the property ownership certificate is now combined with the actual situation of the family, and the family members have reached a voluntary agreement on the ownership of the above property as follows.

4) A breakdown of the divided property and the name of its owner. (5) Seeing the names of witnesses, witnesses are not required, and may be established on a voluntary basis. (6) Signatures and fingerprints of the contractor and witnesses.

7) The specific time and date of execution of the contract.

Article 465 of the Code of the People's Song and Accompanying Li, a contract established in accordance with the law shall be protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

If the children are all adults, the agreement between them is signed on a voluntary basis, and the content of the agreement is legal, realistic, does not violate the provisions of the law, and does not harm the interests of a bona fide third party, and has legal effect.

[Legal basis].

Article 303 of the Civil Code of the People's Republic of China.

Where the co-owners agree not to divide the jointly owned immovable or movable property in order to maintain the co-ownership relationship, it shall be in accordance with the agreement, but where the co-owners have major reasons to need to divide it, they may request division; If there is no agreement or the agreement is not clear, someone may request division at any time, and the co-owner may request division when the basis of the common ownership is lost or there are serious reasons for the division. Where the division causes harm to other co-owners, compensation shall be given.

Article 469.

The parties may conclude a contract in written, oral or other forms.

The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

Conditions for the contract to take effect: 1. The parties enter into a contract and adopt the form of offer and acceptance. 2. The contract is formed when the commitment takes effect.

3. A contract established in accordance with the law shall take effect from the time of its establishment. Where laws and administrative regulations provide that formalities such as approval or registration shall be handled to take effect, follow those provisions. Whether the agreement on the separation of parents and brothers in rural areas is valid depends on whether the prescribed conditions are met.

Article 5 of the Regulations of the People's Republic of China on Household Registration is based on households. Where they reside together with the person in charge, they shall be established as one household, and the person in charge shall be the head of the household. If you live alone, you will be the head of your own household.

Households residing in government agencies, organizations, schools, enterprises, institutions, and other units and public dormitories shall be established together in one household or divided and split into separate households. The head of household shall be responsible for filing the household registration in accordance with the provisions of this Regulation. Article 143 of the Civil Code of the People's Republic of China: Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct; (2) The meaning is true or true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Legal Analysis: One Acre Sold ) The basic information of the contractor, the title of the generation in the family.

(2) The reasons, reasons and purposes for the separation.

(iii) An agreement on the division of the common family property and arrangements for the settlement of the debts of the original family.

4) A breakdown of the divided property and the name of its owner.

5) Witnesses guess the names of fools, witnesses are not necessary, but can be set up voluntarily.

(6) Signatures and fingerprints of the contractor and witnesses.

7) The specific time and date of execution of the contract.

Legal basis: Civil Code of the People's Republic of China Article 1067 Where parents do not perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

Legal analysis: (1) The basic information of the contractor, and the title of the person in the family.

(2) The reasons, reasons and purposes for the separation.

(iii) An agreement on the division of the common family property and arrangements for the settlement of the debts of the original family.

4) A breakdown of the divided property and the name of its owner.

(5) Seeing the names of witnesses, witnesses are not required, and may be established on a voluntary basis.

6) Signatures and fingerprints of the contractor and Naichun witnesses.

7) The specific time and date of execution of the contract.

Legal basis: Article 1067 of the Civil Code of the People's Republic of China Where parents fail to perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. Parents whose adult children do not perform the duties of supporting their adult children, who lack the ability to work, or who have difficulties in life, have the right to demand alimony from their adult children.

As parents and children, if the children grow up to be separated according to the wishes of both parties, so as to better protect the normal life of both parties, if you want to separate the family, you must understand the relevant procedures of separation. So how do parents and children divide their families? Let's take a closer look.

1. How to separate parents and children

If you want to split the family, there are two ways: one is to directly propose the idea of splitting the family to your father, and the real estate belonging to your personal name can be taken back, and the other properties will depend on negotiation; Another way is to file a lawsuit with the court and rely on the court to decide. One thing to note is that your father's marriage, whether good or bad, is your father's own business, and no one else has the right to interfere with Changjing.

No matter how blood is thicker than water, the relationship between father and son cannot be changed, and it is best to solve the problem through negotiation.

2. Sample of separation agreement

Contractor: 1) Name), male, born on the date of the year, ID number: Home address:

2) Name), female, born on the date of birth, ID number: Home address:

They are married to the original couple, and they have one child together, but they have no other children. Jointly built (purchased) a house located in with the husband and wife, and the real estate certificate number is now combined with the actual situation of the family, and the family members have reached a voluntary agreement on the ownership of the above property as follows:

1. The above properties located in are owned separately.

2. The other children have no objection to the division of the above property.

3. Fulfill the obligation of support and deferred marriage to parents. Scramble Finger.

4. After this agreement comes into effect, go to the real estate management department for change registration with relevant procedures in a timely manner.

5. This agreement shall come into force with the signature of the parties.

6. This agreement shall be in duplicate, each party shall hold one copy, and the notary office shall retain one copy.

Contractor: YYYYYYYYYYYYYYYYYYYYYYY

3. When writing the separation agreement, the following points should be noted:

1) Distinguish between personal property and common property.

When dividing the family and property, it is necessary to make a clear distinction between the common property of the family and the personal property of the family members. The division of property can only be the division of the common property of the family, and the personal property belonging to the family members does not belong to the category of division.

2) Follow the principle of fairness and reasonableness.

When dividing the family and property, the common family property should be divided in accordance with the principle of fairness and reasonableness.

The above is the relevant introduction of how parents and children divide the family, parents and children can follow the wishes of both parties, according to the principle of fairness and reasonableness to divide the family property, so as to better protect the personal interests of family members are not affected, if you do not understand this, it is recommended to consult a lawyer.