The title deed is in the name of the husband and wife, and now that the husband is deceased, can the

Hello landlord, the name of the husband and wife is on the real estate certificate, but regardless of whether there is a real estate certificate or not, all the property in the marriage belongs to the husband and wife.

So in this case, the property should not be directly accepted by the wife, but should inherit the property of the house according to the inheritance law. Of course, spouses have the right to inherit.

First of all, whether your husband has made a will, if he does not make a will, according to the statutory inheritance regulations, half of the house will be distributed as an inheritance, and the wife cannot directly take over the house.

If the real estate deed is in the name of the husband and wife, if the husband has passed away, then the wife cannot directly take over the house, because it is the joint property of the husband and wife, and there is also an heir, if there are children, then the children also want to have this right.

The real estate certificate is the name of the husband and wife, and now that the husband is deceased, the wife can directly take over the house, and you can go to the police station to type a certificate of your husband's deceased, and you can go to the real estate bureau to change the name of the real estate certificate.

It depends on how many first-order heirs he has after his death. The heirs in the first order include his parents, spouse, and children. If there are other heirs besides the wife, he needs to take out his share of the property and have all the heirs jointly inherit it.

If there is only one heir from the wife, the house goes to the wife. Of course, if the husband has a will, he needs to inherit according to the will.

The names of the husband and wife were on the card. The wife is directly acceptable. Because it is the joint property of the husband and wife.

I don't think so, because half of the house belongs to the husband, and the husband's property should be inherited by the children, the lover and the parents, so the wife has no right to take over the house directly.

According to the law, the wife cannot directly take over the house after the death of the husband, and although the name of the husband and wife is only on the title deed, the children and parents of the husband are also entitled to inherit the share of the property.

In this case, the wife can take over the house directly because the wife is her. A line of heirs. So it is possible to receive the house directly.

Of course not, the house in the name of the husband and wife is half of the husband and wife, and the husband and wife have children and the husband's parents are still alive, and the husband's half of the property is to be divided equally with these people.

I think this is perfectly fine, because your husband has passed away and the real estate deed is written in the names of both of you, but if your husband has a will specifying who to give this house to during his lifetime, then you can't transfer this house directly to your name.

If the husband dies, the wife cannot directly take over the house, because the husband still has children, parents, etc., and the husband's share should be a kind of people.

OK. However, it is necessary to go to the housing management department to go through the procedures, according to the inheritance law, the spouse belongs to the first order of heirs, and the inheritance procedure can be started when one party dies.

The real estate is the name of the husband and wife, that is, the joint property of the husband and wife, and if one party dies, this part of his property is the inheritance, and if he does not leave a will, then he will inherit the inheritance law, and the wife cannot directly receive the right to the house.

No. The real estate certificate is the name of the husband and wife, the husband dies, the wife can only own half of herself, that is, 1 2 of the property, the other 1 2, belongs to the heirs, the wife is also one of the heirs, as for how to dispose of it, all the heirs need to agree.

It should be possible that within the scope of marriage, if the husband dies of illness, the wife has the right to take over everything from the husband, including property and debts.

No. If the husband is still alive with parents, the parents have partial inheritance, and if you have children, the children are too. Unless they uniformly abandon their part of the foundation. Legally, it is.

The title deed is in the name of the husband and wife. Now the freshman is deceased. In fact, of course, you can directly receive the house. In the future, his sons and daughters will also have the right to inherit.

No, the house is the joint property of the husband and wife, and his half has the right to inherit, and if he has children, the children also have the right to inherit, and his parents will also have the right to inherit.

Yes, but it's better to get a notarization and change the title deed to one person's.

Of course, the wife is the main heir.

The title deed is in the name of both husband and wife. If it is a house that two people bought together after marriage. Mr. deceased wife can directly accept the house.

Of course, it's yours.

I don't know what you're referring to by this direct closing of the house. If it involves the distribution of estate property, you cannot dispose of it directly, and you need to obtain the consent of other heirs before you can dispose of it!

If you have a deceased certificate, you can go to the registration office on the spot to amend it, and you can go to accept the house, unless you meet someone who is messing around.

In this case, the wife cannot directly take over the house.

Yes, you can go to the local real estate transaction center with the death certificate issued by the police station to make the change.

If you have your name on the title deed and you are the first heir, you can inherit the property.

You may have to go to the housing authority with the death certificate to go through the formalities, and the wife can inherit it.

The wife is the first in line of succession.

Although the house is the joint property of the husband and wife.

But the wife still cannot take over the house directly for the following reasons:

1. The house belongs to the joint property <> husband and wife

According to your description,Title DeedIf the joint name of the husband and wife is written on it, then the house belongs to the joint property of the husband and wife

If the spouses do not agree otherwiseThe husband and wife each own 50% of the property.

Her husband is currently deceasedThen the 50% that belongs to the husband belongs to the husband's personal legal inheritance

The wife cannot inherit the house directly. Then 50% of the property belonging to the husband belongs to the owner, according to the Inheritance Law.

The relevant provisions are assigned, and the specific situation is analyzed below.

2. The validity of the will is <> priority

According to the latest Civil Code

The latest relevant regulations can be knownInheritance in China is mainly divided into testamentary successionStatutory successionTwo ways of inheritance.

Testamentary succession is a form of will that is prescribed by law(Including.)Self-written will, audio and video wills, notarized wills, oral wills, written wills) to leave a will.

For example, if the husband wrote a will before his death, it was clearly stipulated that his estate would belong to his spouse. Then, after death, the house belongs to the spouse alone.

On the other hand, if the husband agrees in his will to give all of his estate to his son, then his spouse will only get 50% of the house.

3. Legal inheritance <>

Statutory inheritance is only used in the absence of a willLegal succession consists of two succession orders, the first succession order: spouse, parents, and children. Second Inheritance Order:

Siblings, grandparents, maternal grandparents. After the succession begins, it is first inherited by the heirs in the first order

Only in the absence of a first-order heir will the second-order heir inherit the estate. In this case, if the husband did not make a will on his estate during his lifetime, he will be inherited by the first legal heir, that is, his spouse, children, and parents will jointly inherit 50% of the house.

The house is the joint property of the husband and wife, after the death of her husbandOnly if the husband leaves all of his estate to his wife in his will, the wife can fully take ownership of the houseOtherwise, the legal heirs will jointly inherit the 50% of the property belonging to their husband. In the end, even his wife completely inherited the ownership of the houseYou still need to bring your husbandDeath certificate, wills, estatesNotarial deeds, meID card, the household registration book to the housing registration authority to transfer, the house is completely owned by his wife.

As a final reminder, inheritance.

This is a more serious issue, and I suggest that you better negotiate with the man's parents, and never go to the real estate bureau alone to transfer the house to your own name, or sell the house alone.

Because in the case of the inheritance without clear property rights, if you sell or transfer the house to your own name, it may cause some legal disputes, and you may even go to court with your husband's parents to fight a lawsuit.

No, the property is the property of both husband and wife, and the title deed is written in the joint name of the husband and wife, and if the husband and wife do not agree otherwise, the husband and wife each have 50% of the property rights to the house. If the husband is deceased, then the 50% belonging to the husband belongs to the husband's personal legal inheritance, and the wife cannot belong to the direct inheritance of the house.

No. Because the house is the joint property of the husband and wife, the wife can get her own portion, and the husband's part needs to be distributed according to the law.

The wife can take over the house directly, because the law clearly stipulates that the wife is the owner of the house.

It needs to be handled on a case-by-case basis. If the house is the husband's pre-marital personal property and has nothing to do with the wife, then the wife has the right to dispose of the house regardless of whether the wife dies or not. If the house is jointly owned by the husband and wife, after the death of the wife, part of the wife's share needs to be inherited, and the husband cannot directly dispose of the house.

If the wife has left a valid will, the inheritance shall be carried out in accordance with the wife's will, and if the wife has not left a will, the legal inheritance shall be carried out, and after the inheritance is completed, the husband shall dispose of the personal part of the house.

Analysis and Citation].

1.According to Article 1063 of the Civil Code of the People's Republic of China, the following property is the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

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 property that shall belong to one side.

3.According to Article 1062 of the Civil Code of the People's Republic of China, the following property acquired by husband and wife during the existence of the marital relationship is the joint property of the husband and wife and shall be 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 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

4.According to Article 1127 of the Civil Code of the People's Republic of China, the inheritance of the estate shall be in the following order:

1) First order: spouse, children, parents;

2) 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.

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.

If it is joint property after marriage, the part of the property belonging to the wife is the inheritance, and the husband has half of the inheritance, and the remaining part is inherited by the wife's parents and children separately according to the head.

Therefore, as long as the house is the joint property of the husband and wife, and the wife's children or parents are still alive, then the husband cannot dispose of the property alone, and the consent of the other heirs must be obtained.

The right to process, but not to do so. If the property is the joint property of the husband and wife, 50 per cent of the wife is the living husband and wife, 75 per cent is the husband of the wife's death, and the other 25 per cent is inherited by the wife's parents and children.

If there is no testament, there is no right to deal with it.

Because the property is owned by half of the wife, when the wife leaves, her heirs inherit jointly, and the husband is only one of the first-order heirs and has no right to interfere with the foundation of the other heirs (her parents and children).

If the title deed is in the name of the upper bunk, then they are also the joint property of the husband and wife. After the death of the wife, the husband has the right to deal with it, because the wife is gone. Then it belongs to the husband's personal property.

Right to dispose of.

The real estate deed is the husband's name, and after the death of the wife, the husband is the heir and the head of the household, and of course he has the right to dispose of it.

Of course there is, it was originally the husband's name, of course, it can be disposed of, if it is bought by the joint property of both parties, the wife's parents also have the right to inherit, and they have to compensate the father-in-law and mother-in-law for a certain percentage of the money, depending on whether the other party wants it, and some fathers-in-law and mothers-in-law will not want this kind of money, if they want it, it is about one-third of the proportion

The real estate deed is in the husband's name, but it is still the joint property of the husband and wife, the wife has passed away, and half of her immediate family members have the right to inherit, you need to obtain the consent of the heir of the first procedure, go to the notary office to notarize, sign and draw, and give up the right to inherit before you have the right to deal with it.

The real estate certificate is the name of the doctor, after the death of the wife, if it is the husband's house before the marriage, it is the pre-marital property, and the doctor has the right to dispose of the property, if it is the marital property, then the husband cannot fully handle the property, and must be divided equally with all the family members to deal with the property.