The property is not in the name of the stepmother, and the father is dead, does she have all the pro

If the house is your father's own, and your stepmother and your father are legally registered husband and wife, then if your father dies without a will, then according to the legal inheritance, your father's parents, spouse (i.e. your stepmother), and children (you and your father's other children, including stepchildren with dependents) are all legal first-order heirs.

First, did they buy the house after marriage or did your father buy it before marriage with your stepmother, if they bought it after marriage, it is their joint property, and your stepmother has half of the property rights, and also has the right to inherit, that is, more than half of the property rights. If you bought it before marriage, your stepmother will have no property rights.

Professionals, first of all, if they have applied for a marriage certificate and are legally married, and your father dies, she is the legal first heir. Hope it helps.

As long as he is married to your father, he has the right to his name or not.

If the house grows money, it was already owned by your father before he married his stepmother. It is your father's pre-marital property that has nothing to do with your stepmother.

Of course, there is property rights. Because your stepmother and your father are legally married and family members for one day, they are legal husband and wife, and they naturally have property rights.

If your stepmother and your father are married and your father's name is the only one on the title deed, then your stepmother and you are both the first in line of succession.

If the house was purchased after your father remarried his stepmother, there is no stepmother's name on the title deed, and she also has a certain property right, and if the house was owned before the remarriage, it has nothing to do with the stepmother, unless your father has a will.

Intestacy, the house is hers, and the first heir is the spouse, followed by the parents of the children.

First, have you registered your marriage? With a certificate comes a right.

Second, see if the two people have children (this will happen when the relevant policies are not sound in the past).

The house bought by the father and stepmother after marriage, the title deed is the name of the stepmother, and after the father passes away, the ownership of the house needs to be discussed according to the actual situation.

The details are as follows: 1. The house was owned by the mother before the father's death. The death of the father will not affect the ownership of the property, and it will still be the mother's personal property;

2. The real estate certificate only writes the mother's name, and there is no real ownership, and at this time, it is the average inheritance of the immediate family. The father's parents, wife, and children share the property equally;

3. If the father made a will or notarized it during his lifetime, indicating the ownership of personal property, then inheritance does not exist.

It is important to note that the name on the title deed does not necessarily mean that you have ownership of the property. Under normal circumstances, the real estate certificate has only one name, which belongs to one person, one certificate. Specifically, it depends on whether there is a co-ownership certificate of the house, and if there is, it will be inherited according to the above distribution.

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 1127 Inheritance shall be inherited in the following order:

1) The first order is spouse, children, and parents;

2) The second order is siblings, grandparents, and 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. Article 1130:The share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who have special difficulties in living and lack the ability to work shall be taken care of when distributing the inheritance.

Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed. If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less. Where the heirs agree through consultation, it may also be unequal.

1. The property right of the house is jointly owned by your parents, and your father has died, then half of the property right of the house belongs to the inheritance, if your father has a will before his death, this half of the house property can be inherited by will, if there is no will, this half of the house property right can only be inherited according to the legal inheritance procedure, and it will be inherited by the heir in the first order. 2. Your grandfather, grandmother, mother and your brothers and sisters should bring their ID cards, household registration booklets, real estate certificates, land certificates, your father's death certificate, and the certificate of kinship between the decedent and the heirs to the notary office where the house is located to handle the notarization of the inheritance of house property rights, sign the opinion, and the notary office will issue the "Notarial Certificate of Inheritance of Housing Property Rights". If you want to inherit the property alone, your grandfather, grandmother, mother, and your siblings will have to give up the inheritance of the house and sign the father's waiver of the ownership of the house.

3. Your mother will donate the other half of the house property rights that should belong to your mother to you at the notary office, handle the notarization of the house property right gift contract, and the notary office will issue the "Notarial Certificate of Housing Property Rights Gift Contract" 4. You hold the "Notarial Certificate of Housing Property Inheritance", "Notarial Certificate of Housing Property Gift Contract", "Real Estate Certificate", "Land Certificate", "ID Card", "Household Booklet" and your mother go to the local housing property registration department to handle the inheritance and gift transfer of housing property rights. Simply transfer the title to the property to your name. 5. Transfer costs; (1) Notary fee; (2) Deed tax according to 2% of the house: the inherited half of the house does not need to be paid, and the donated half is subject to 3% of the deed tax according to the house price (3) Land Appreciation Tax; The inherited half of the house is not subject to payment, and the donated half is subject to 1% LAT (4) income tax according to the house price; The inherited half of the house does not need to be paid, and the donated half is subject to 1% income tax according to the house price (5) house property registration fee; (6) Housing transaction fee of 80 yuan per piece; The inherited half of the house does not need to be paid, and the donated half is paid at 6 yuan per square meter of the building area of the house (7) Housing appraisal fee:

The assessment fee to be paid according to the assessed amount.

Article 14 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Immovable Property Article 14 Where a party acquires immovable property by inheritance or bequest, and applies for registration, it shall submit death certificates, wills or agreements of all legal heirs on the distribution of immovable property, and materials on kinship with the decedent, and may also submit notarized materials or effective legal documents. Article 210 of the Civil Code of the People's Republic of China provides that the registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property.

The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations. Article 1123 of the Civil Code of the People's Republic of China provides that after the commencement of succession, it shall be handled in accordance with 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.