What should I do if my parents have joint property rights and want to sell the house, and my mother

1. The circumstances involved in the problem, whether they are co-owned by shares or co-co-shared, cannot be co-owned, and can only be obtained after the unconscious mother of the party regains consciousness and regains her civil capacity. or after his death, after his estate has entered into a designated succession process or a statutory succession process**. Of course, there is a relatively special circumstance, if at this time, because of the mother's illness and other circumstances in order to protect the mother's personal interests, it is necessary to ** the parents to jointly share the house, through litigation, the people's court can confirm the objective situation that the guardian can ** the ward's property, and after obtaining effective legal documents, the property can be **.

There is no way other than the above three methods. The guardian of a person who has lost capacity for civil conduct has no right to dispose of the lawful property unless he can prove that the disposition is for the benefit of the ward.

2. The guardian shall perform guardianship duties in accordance with the law, protect the ward's person, property and other lawful rights and interests, and shall not dispose of the ward's property except for the interests of the ward.

Guardians perform guardianship duties in accordance with law and are protected by law.

Where guardians do not perform guardianship duties or harm the lawful rights and interests of their wards, they shall bear responsibility, and the people's courts may revoke guardianship qualifications on the basis of an application by relevant persons or relevant units.

The judicial basis is Articles 18, 54 and 55 of the General Principles of the Civil Law of the People's Republic of China.

This issue is wide-ranging. From the point of view of inheritance law, it is like this: the house is the joint property of the husband and wife, and after the death of one of the spouses, the property needs to be divided - the husband and wife each hold 50% of the property, and after the death of one of the spouses, the children each have a 10% share, that is, the mother and children share the house at present.

If the name is changed to the mother's own, if the mother remarries, the property will be owned by the other party. Rather than this, it is better to register as a joint ownership of property rights, which does not cost much money.

First, go directly to your housing authority. Second, write a statement at the notary office that the 5 of your brothers and sisters will give up the inheritance, and then you can change it directly at the housing authority.

Rest assured, there is no tax on inheritance.

If it is in the father's name, the mother should first apply for the notarization of the inheritance of the property with the children, and then go to the real estate management department to change the name of the property to the mother's name with the notarial certificate of inheritance of the property. Finally, the property.

If it is in the mother's name, as long as the household registration book, income certificate, copy of the copy of the business license of the unit is stamped with the official seal, salary card, and ID card.

What are the precautions in the process of selling a house?

1. Pay attention to whether the qualifications of the transaction subject to engage in second-hand housing transactions are met. If the seller has a real estate certificate, whether the property right is clear; Existing houses that have not yet obtained the title certificate cannot be bought and sold; If it is an off-plan property**, it must be guaranteed by the developer, etc. At the same time, before the transaction, as a buyer, you can ask the seller to provide proof of ownership of the house.

Identification certificate and related documents, and go to the real estate transaction center to check the ownership registration of the house. The transaction can only be carried out after the qualifications of the transaction subject are reviewed and judged, and the transaction is confirmed.

2. Pay attention to whether the appraisal price of the transaction house is correct and true. The risk in this link is that the appraisal price of the house is high or low, and some appraisal prices contain a lot of water, which is easy to cause the appraisal price to be not.

Authentic. Some agents try to sell at a low price, which is the main reason for the deviation from the market value of the house, and this will inevitably directly affect the interests of both buyers and sellers.

Question: What taxes are paid on inheritance bought and sold in the mother's name.

Housing payment, transaction fee: 3 yuan square meter, surveying and mapping fee: yuan square meter, ownership registration fee and certificate collection fee:

Generally, it is within 200 yuan.

2. The seller shall pay taxes and fees.

Stamp Duty: Transaction fee for house payment: 3 yuan square meter, business tax:

If the full amount of the real estate certificate is less than 2 years, it will be exempted for 2 years), personal income tax: 20% of the profit part of the real estate transaction or 1% of the house price (the real estate certificate can be exempted if the real estate certificate is more than 5 years old and there is a rare house).

Go to the housing authority for consultation, all your siblings need to provide is a declaration of renunciation of inheritance, and then your mother can inherit it.

It is necessary to go through the procedures of inheriting half of the property rights.

After the right is confirmed, the house belongs to the spouse and heirs of the deceased, and then these two people go together to sign and sell it, and transfer the house to others.

The father copied the death of the real estate deed is an attack.

Mother's name, mother's name is not the right to want to sell.

Du house, is not in accordance with the law. . .

Because the real estate DAO is a joint property between two people, the property ownership of the husband and wife is half of the same person, and one of them dies, and his half of the property rights should be inherited equally by the first heirs of the deceased (the spouse of the deceased, the children of the deceased, and the parents of the deceased) under the premise of intestate.

If you need to sell the property rights alone, you need to go to the notary office to renounce the inheritance rights together, and you need to sign the renunciation agreement, get the notarial certificate, and apply for the transfer of ownership to the housing management department where the house belongs. So that your mother can sell it on her own.

The father died, the mother's name was on the real estate deed, and the mother had the right to sell the house!

You and your mother share the house in common, each with 50%, of which your mother's part is owned by your father and mother, and your father owns 25%, and after your mother dies, your mother's first heirs are spouse and children, and if there is no will, 25% of your mother's ownership is inherited by you and your father - each.

Legally you own the house, and your father owns it.

If you want to sell your house, you must first go to the notarization of inheritance renunciation and gift notarization, that is, your father renounces the inheritance and gives away 25% of what he actually owns.

Change the property right to yours and you're done.

Although it is in your name and that of your mother, the property is 50% for you and 50% for your mother. But your mother's 50 percent is actually marital property with your father. After marriage, the property is shared by the husband and wife, that is, your parents share 25%, so after your mother's death, your mother's 25% becomes an inheritance and is inherited by your father and children.

If your parents have one of your children, then you will inherit it with your father, so you own 50% of the property of the house, and the rest of the property is transferred to your father, so in the current situation, the house is actually owned by you and your father, but the owner on the title deed needs to be changed. Then in the buying and selling, of course, your father has the right to dispose of it. This is a legal determination.

What procedures are required for the sale of a house, it is best for you to go to the local real estate trading center to inquire, how to deal with it, how to handle the procedures, after all, the procedures in each place will be a little different.

Go through the inheritance procedures first, if **, the two names that appear on the house book must be present (in the case of completing the inheritance procedures)!

Be fair, otherwise it will not be easy to sell.

Hurry up and ask for legal advice, call 114 and ask your local law firm**.

Parents and children should not have a deep hatred, she may be angry. If you can't, go to your father.

It's enough to give birth to you and raise you, but what have you paid for them? Self-reflect, you.

There are no parents in the world, if you are wrong, you must take the initiative to admit your mistakes, and if you are an adult, you must support yourself and share your mother's worries.

If you are under the age of eighteen, you can sue your mother.

Your dear one died.

You and your mother have a man to put the source.

It is abandoned to belong to one person.

To put it bluntly, you have the right to inherit your father's inheritance.

You have the right to say not to sell.

It may be to sell the house.

If you don't move, he can sell it, but there will be disputes.

Civil Disputes. You cannot be forced to move out.

Actually, you don't belong to the ownership of the property alone.

It is better to ask a lawyer.

You're still good enough.

It's that if you don't speak, your mother doesn't have the right to inherit completely.

Neither can it be bought or sold.

Even if you move out, you don't do the renunciation of the inheritance signature.

The house has you really is.

Article 8 of the Inheritance Law, the time limit for filing a lawsuit for inheritance disputes is two years, which is calculated from the date on which the successor knows or should know that his or her rights have been infringed. However, if more than twenty years have elapsed since the commencement of the inheritance, no further proceedings may be filed.

Article 10 The inheritance of the estate shall be in the following order: first order: spouse, children, parents.

Article 13: The share of inheritance inherited by heirs in the same order shall generally be equal.

Article 26 Unless otherwise agreed, if the jointly owned property acquired by the husband and wife during the existence of the marital relationship is divided, half of the jointly owned property shall first be divided into the spouse's property, and the rest shall be the inheritance of the decedent.

Article 29 of the Property Law Where a real right is acquired by inheritance or bequest, it shall take effect from the beginning of the inheritance or bequest.

Article 31: Where a person enjoys a real estate right in accordance with the provisions of Articles 28 to 30 of this Law, when disposing of the real right, it is necessary to go through registration in accordance with the provisions of law, and the real right does not take effect without registration.

The Land Bureau of Selling Houses only looks at the real estate certificate, and the real estate certificate has returned.

If you answer the name of several people, you need to submit the documents of several people. Only if the owner dies does the inheritance need to be notarized. Inherited properties used to be subject to 20% personal income tax, but the local tax bureau has now abolished the inheritance tax, and you only need to apply for tax exemption at the local tax office.

The real estate deed only has your mother's name on it, and of course your mother can sell it directly, but if it is shared by your father and mother, you have to go for it.

Take Beijing as an example.

1: Not required for transfer only.

2: The procedures for renunciating the inheritance are to ensure the validity of the contract, and the notary office can handle it, a few hundred yuan.

It is necessary to go through the inheritance notarization before the property can be transferred.

The parents share the property, and when the father dies, the children agree to give it up. (Are the grandparents alive?) Your mother can inherit.

You need to go to the notary office to apply for a notarial certificate of inheritance (the mother of the child needs to go to the notary office to handle the notarization in front of the notary public, and the child renounces the inheritance declaration), and it takes 3 months for the notarial certificate to be handed down, and then the property certificate can be transferred. It takes 20 to 25 days for the transfer of the property certificate, and the tax will definitely be higher if it is less than two years old. There is no best way but to wait two years to do it.

Sell directly with materials approved by the Housing Authority.