I have a house in my name and my father, but my father has passed away, can I sell it?

Updated on society 2024-06-12
12 answers
  1. Anonymous users2024-02-11

    You have a house in the names of you and your father, and after your father dies, if the house is inherited by you alone, it is your property, and it can be bought and sold.

    However, if you have half of your father's property and other heirs, you can't buy and sell it at will, you need to get the consent of the other heirs. Because of your father's estate, the other heirs have a certain share.

  2. Anonymous users2024-02-10

    You have a house in the names of you and your father, but your father also died, and now you sell the house, you can sell it, but you must go to the police station to issue a certificate that your father is also dead, and then go to the housing management office to change the real estate certificate in your name, so that you can sell it.

  3. Anonymous users2024-02-09

    After reading your question, I feel like you are legally illiterate, and I think that whoever writes the name on the real estate deed belongs to the property, which is a wrong understanding. Although the names of your father and you are written on the real estate certificate, but who paid for the house is the most critical, China's law on real estate is who contributes and who benefits, if the house is purchased by your father with full funding, then your father's property in the next life should belong to your mother, you did not mention anything about whether your mother is alive in the question, this is a typical legal illiteracy. If you have other siblings and you did not contribute to the purchase of the property, your mother is still alive and the property belongs to your mother.

    If you have no other siblings when you buy or build your own property, your father's estate will be owned by your mother and you. If other siblings and your parents contributed to the purchase or self-construction of the property, then your father's estate will be owned by your mother and all your siblings. Do you understand?

    Only if all the above conditions are met, you will have the right to dispose of the property.

  4. Anonymous users2024-02-08

    Of course, you can, as long as you have your father's death certificate, then you can sell your house without any problems and in accordance with the procedures.

  5. Anonymous users2024-02-07

    I think it can be sold, but it must have a father's surviving or notarial deed.

  6. Anonymous users2024-02-06

    Can be sold. The consent of the co-owners is sufficient.

  7. Anonymous users2024-02-05

    The father has passed away and the title deed has both your and your father's names on it, in this case. You can transfer the share belonging to your father to your name through a notary, that is, it will become your own name, and then you can buy the house.

  8. Anonymous users2024-02-04

    Your father is deceased, and in this case, the title deed is in your and your father's name. The shares belonging to my father were transferred to my name through the public, and I became my own name, and then the house was born.

  9. Anonymous users2024-02-03

    Summary. Dear, glad to answer for you! <>

    I can buy two houses of my father's deceased The property is inherited by the heirs, and after the transfer of the real estate to the heirs, the property is registered, sold or gifted. If you inherit a property, whether there is an inheritance agreement between the heirs or an effective judgment made by the court, at this time, as long as the heirs obtain the ownership of the inherited property, it is okay to <>

    Can I buy two houses where my father has died?

    One is a relocation house and the other is an old commercial house. Four siblings and a mother are in the current situation.

    Dear, glad to answer for you! <>

    I can buy two houses of my father's socks Li Qin has passed away The property is inherited by the heirs, and after the real estate transfer procedures are completed to the heirs' name, the auspicious property is registered, sold or gifted. If you inherit a property, whether there is an inheritance agreement between the heirs or an effective judgment made by the court, at this time, as long as the heirs obtain the ownership of the inherited property, it is okay to <>

    Dear, did your father have a will? <>

    Don't inherit the right to buy a house by way of a contract of sale.

    No. Then the inheritance house tax is also very high.

    It's okay to kiss <>

    Dear, you can go to the Housing Ownership Registration Center to go through the procedures for changing the property rights of the house<>

    Kiss, you can buy and sell real estate <>

    When you go to buy a property and handle the transfer, do you need to have both siblings and mother present, or do you need to go to the notary office to sign and notarize?

    Kissing, you don't need to be all present, you can <> if you are fair

    What do you need when you go to a notarization?

    Relatives, the identity certificate of the parties, the qualification certificate for applying for the notarization, the documents for applying for notarization, <>

  10. Anonymous users2024-02-02

    Summary. Hello! If you don't have any siblings, you can inherit them all.

    My father and I have names on the house, and my father died very early, and my grandparents have passed away in recent years, so can my mother and I inherit all this house?

    Hello! If you don't have any siblings, you can inherit them all.

    After the death of the grandparents, won't the inheritance fall to the uncle's name?

    Because my father had 4 siblings.

    No, it won't! You are the heirs in the first order.

    In the first order, there are only spouses, children, and parents. Children include both legitimate children, illegitimate children, adopted children, and stepchildren with the obligation to support them. Parents include both biological parents, adoptive parents and step-parents with maintenance obligations.

    Then there will be the second order of heirs: the second order is the siblings, grandparents, maternal grandparents. Siblings include siblings of the same parents, half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

    Understood, thanks

    You're welcome and good night.

    Even if the first-order heir inherits, the second-order heir can't inherit, right?

    Yes! Okay, thank you, teacher, no problem, good night.

  11. Anonymous users2024-02-01

    Summary. The transfer is effective. According to Article 36 of the Property Law of the People's Republic of China, "once the sales contract is concluded, the transferee shall acquire the real right. "Therefore, your father transfers the house to you in the form of a sale, and the transfer is valid.

    My parents have a house, the real estate deed is in my father's name, my mother has passed away, my father transferred the house to me in the form of sale, my sister is not satisfied, please ask if the transfer is effective.

    The transfer is effective. According to Article 36 of the Property Law of the People's Republic of China, "once the sales contract is concluded, the transferee shall acquire the real right. "Therefore, your father transfers the house to you in the form of a sale, and the transfer is valid.

    If the father of the mother deceases and transfers the property to the children, when the real estate certificate is only in the father's name, both parties can bring their identity certificates and real estate certificates to the housing management department to go through the transfer procedures. If the real estate certificate has the names of the father and mother, it is necessary to go through the inheritance notarization procedures first, and then the transfer registration will be carried out.

    I am from Yantai, and it seems that my parents' property belongs to the public and needs to be divided.

    Although your parents' house is joint property, the ownership of your mother's house belongs to your father after her mother's death, and it is a transaction with you in the form of a sale, so it is valid.

    But it was not paid.

    It is not a big problem if you don't actually pay the money, and your father has the right to divide his property.

    Does he have the right over my mother's? Yantai doesn't seem to be like that.

    If the property belongs to the joint property of the parents, the father has the right to dispose of the property after the death of the mother, but the father can only dispose of the part of the property that belongs to him, and the part that belongs to the mother shall be inherited by his heirs as the mother's estate; If the property is the mother's personal property, the father has no right to dispose of it and shall dispose of the property in accordance with the mother's will, and if the mother does not leave a will, the property shall be disposed of in accordance with the legal order of succession.

    According to your description, the problem at the moment is that your sister also wants to inherit part of her mother's property, right?

    Yes, but it's closed, what about my father's share that he wants to give me.

    Article 1127 of the Civil Code states that inheritance shall be carried out in the following order: (1) First order: spouse, children, parents. (ii) 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.

    Therefore, your father is the first heir and has the right to dispose of the joint property of the husband and wife.

    Is this a national law?

    The laws are the same throughout the country, and they all come from the Civil Code. As long as the description of the event matches, then it is fine.

  12. Anonymous users2024-01-31

    Summary. Hello, the house is in your mother's name, according to the law, the property belongs to your mother, even if she is not married, it cannot be said that the house belongs to you. If she remarries and does not leave a will in advance, if she dies in the front, the house will be divided by her husband in the back.

    My father died, and the house was in my father's name, and I transferred it to my mother, and if my mother was looking for someone, the house would still belong to me.

    Hello, the house is in your mother's name, according to the law, the property belongs to your mother, even if she does not marry separately, it cannot be said that the house belongs to you. If she remarries in a lead bridge sedan chair and does not leave a will in advance, if she dies in the front in the future, the house will be divided by her husband in the back.

    Legal basis: Article 1123 of the Civil Code of the People's Republic of China shall be handled in accordance with the statutory succession after the commencement of 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 1133:Natural persons may, in accordance with the provisions of this Law, make a will to dispose of personal property, and may designate an executor.

    A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs. A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs. A natural person can set up a testamentary trust in accordance with the law.

    Article 1127 of the Civil Code of the People's Republic of China provides that inheritance shall be carried out in the following order: (1) in the first order: spouse, children, parents; (2) Second order:

    Siblings, grandparents, maternal grandparents. After the inheritance begins, it will be inherited by the first-order heir, and the second-order heir will not inherit; Where there is no first-order heir to inherit, the second-order heir shall inherit the children referred to in this Part, including legitimate children, illegitimate children, adopted children, and stepchildren with a dependent relationship. The term "parents" in this good lap includes biological parents, adoptive parents, and stepparents who have a relationship of support.

    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.

    In order to prevent risks, it is possible to make a will first.

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