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This is difficult to guarantee, after all, until the child reaches the age of minor, his mother is his legal guardian and enforces his civil rights on his behalf, including the disposal of his property. If the house was registered only in his own name, then theoretically his mother could not be prevented from selling the house. There is a way that you and your children are registered as co-owners of the house, and you must get the consent of all the owners when you dispose of the house, so that you can't sell the house without your consent, so that you can ensure that the house will not be sold secretly.
In addition, if you contribute money to buy a house for your illegitimate child during the marriage, which is a private disposition of the marital property, your wife can ask for the revocation of your gift.
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Write directly in the child's name, and do justice, the house is for the child, unless the child is an adult before the right to dispose of the house, no one except the child has the right to buy or sell the house privately, including the child's biological mother.
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You can write your name on the title deed and then write an agreement to wait until the child is 18 years old to transfer the title to his name so that his mother can't sell it!
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It's fine to write the child's name, but your wife has the right to get it back.
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The property is written with his name, and the person is still yourself, and the owner will be transferred to him when he is an adult.
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If you have a guardian at the age of 13, then his biological mother's guardian should have the right to sell it, you go to consult a lawyer for insurance.
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Then you can't write her name, so you can write your name, write your name, and then you won't be sold by her biological mother.
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It's not okay to buy it yourself and then wait for your son to transfer the ownership and give it away when he is an adult, otherwise it will be fair unless it is fair.
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If you want to check the law, it's even better.
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If you want to be foolproof, then you first have to ask an unrelated lawyer who will tell you what to do.
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As long as you have this kind of illegitimate child with your lover, and the relationship between the two of you is not legitimate, and his relationship with his husband and wife, his property is joint property, this can only mean that you are married to your lover.
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Withdraw money and deposit it into the child's account every day, so that you can use the money to buy a house and write the child's name, so that your wife can still find it, and if you can't find the house on your head, you can't get it back.
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Feel like if you say. and a third person who has a child outside. Also buy a house for the children. I think to be a real wife. It's hard to get. If you want to, you'll have to sue him. There's no valid reason to sue him.
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has an illegitimate child with his lover, and the house he bought for the illegitimate child, how can he not be asked back by the original partner? The best thing to do is not to let the original partner know about this kind of thing.
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And there is a house bought by an illegitimate child for an illegitimate child in the group.,I think if it's found by the original partner.,No matter what method you take, you should chase it back.。
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The house bought for your lover and illegitimate child is the joint property of your husband and wife, and it must be returned absolutely unless your wife does not know about it.
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Can't ask for back.
According to Article 10 of the Inheritance Law, "the inheritance shall be carried out in the following order: first order: spouse, children, parents. 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. If there is no first-order heir, the second-order heir shall inherit.
For the purposes of this Act, children include legitimate children, illegitimate children, adopted children and dependent stepchildren, and illegitimate children are also legal heirs and are entitled to inherit from their parents. Thus, after the death of the husband, although most of the property is in the name of his wife, the child is entitled to inherit his father's estate, and the inheritance share is part of the father's estate.
Under the Marriage Act
Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:
1) Wages and bonuses;
2) the income from production and operation;
3) income from intellectual property rights;
4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
5) Other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.
Article 18: In any of the following circumstances, it is the property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;
3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties. If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.
Article 23: Parents have the right and duty to protect and educate their minor children. Parents are obliged to bear civil liability when their minor children cause damage to the state, the collective, or others.
Article 24 Husband and wife have the right to inherit each other's inheritance. Parents and children have the right to inherit from each other.
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You have to have proof that the money to buy the house is your joint property, and there is evidence that your husband bought it! If not, then you have no right to get it back!
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Can you get the money and house back for the illegitimate child?
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Yes, but changing ownership of a home will be an obstacle and you won't have much chance.
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Yes, it is the joint property of the husband and wife, and he has no right to make the decisions alone.
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If the man pays for the purchase of the house with the income and property after the marriage and buys the house for the illegitimate child, then the house has already applied for the real estate certificate of the child's name, the property right cannot be recovered, it belongs to the child's personal ownership, and the rights and interests are protected by law.
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You can get it back, but this is a private disposition of the joint property of the husband and wife without your consent.
Article 95 of the Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law stipulates that "co-owners enjoy common rights and assume common obligations with respect to common property. Where, during the existence of a co-ownership relationship, some of the co-owners dispose of the co-ownership property without authorization, it is generally found to be invalid. ”
Marriage. Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:
1) Wages and bonuses;
2) the income from production and operation;
3) income from intellectual property rights;
4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
5) Other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property. If your husband buys a house for his illegitimate child, then you can go to the local police station to file a case and seek help from the police to see if you can get the property rights back.
First of all, to be clear, this is a violation of the right to community property of husband and wife.
This situation can be returned, and it is necessary to prepare corresponding materials and evidence.
Property acquired after marriage is the joint property of the husband and wife.
China's Marriage Law stipulates that both husband and wife have the right to dispose of the joint property of husband and wife equally.
The husband buys a house for his illegitimate child, which infringes on the equal right of the husband and wife, so the original partner certainly has the right to demand the return of this part of the property from the illegitimate child.
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My husband bought a house for his illegitimate child, can I get the right back?
There are two issues involved.
Joint property and gift property of husband and wife.
If the husband gives it to another person with the money of the joint property, the wife can recover the property if she does not agree.
Specific to the house, the wife can recover a part.
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In front of the law, legitimate children and illegitimate children are equal, and it is very difficult for you to go back to the house
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No, because he has the right to dispose of his property.
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Your husband bought a house with an illegitimate child, and the illegitimate child is also his biological child, and the name of the house is also the name of his illegitimate child, whose name does the real estate certificate belong to? Who does the house belong to? And you don't have any evidence either.
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If you know that your husband buys a house and a car for a third party, it doesn't matter what you buy. You have evidence that you like to watch movies, and if you have a record, you can sue him for this, because it belongs to your common property, and it is not okay for him to spend it on someone else, you can sue him.
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If you have enough evidence to prove that your husband bought a house for a third party, and her name is written on the real estate deed, and these are the joint property of your husband and wife, and have nothing to do with the third party, then you can take this evidence to the court to sue him to fight for your rights.
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It is possible to sue in court because the house is the joint property of the husband and wife.
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Collect evidence, go to the court to sue, and ask for the repossession of the small house, because your husband used your marital property without authorization and did illegal things, and you will basically get the protection of the law if you are killed.
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I've seen a similar case that was broadcast on the Beijing 3-Law Lecture Hall (or Law in Progress).
My opinion is:
1. The two children (you and the illegitimate child) are equal in legal status, and no one has priority in terms of legal inheritance. Equal inheritance.
2. With regard to the mother of the wife and the illegitimate child, your father and your family have no legal obligation to support the mother. They also have no right to inherit because they are not legally husband and wife.
3. Disposal of real estate, if this house is jointly owned by your parents, you still have the right to dispose of their property, which can be sold, and then bought and falls under your name. It's legal and valid, and you don't have to think about anything else.
4 IOU: If no actual payment is made and your father is unwilling to pay, the IOU is considered invalid. On the other hand, if your father is willing to repay the arrears even though the loan has not actually been paid, the law can also recognize the IOU as an expression of the true intention of the parties, that is, it is legal and valid.
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According to your description of the case and the existing materials, this lawyer has made a preliminary analysis of your case and gave some suggestions, hoping to help you.
Case Analysis The illegitimate child has the same legal right to inherit your father's property as you do, and the woman does not have any right to claim your father's property.
The issue of IOUs is more complicated and will generally be considered valid, but debts are statute of limitations.
Lawyer's advice 1. You can ask your father to make a will and give you all the property.
2. You can let your parents give you all the real estate and go through the transfer procedures.
3. Cash is even simpler, just give it all to you.
In view of the limited materials you provide, the above analysis and suggestions are only for reference, and do not serve as the final legal basis for handling the case, nor do they constitute any commitment of the lawyer to the case.
Lawyer so-and-so.
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She said that half of the house has no legal basis for her, and the problem of the house depends on whose name the real estate certificate is, but if the parents agree, it can be transferred to you, as long as the house is registered in your name, then they have no right to claim, for your father's property, your mother, you and another child have the right to inherit, unless your father made a will clearly stated to whom, then others have no right to inherit. If the IOU written by your father cannot prove that she was persecuted, then it is valid, and if the woman comes again, then you will call the police and sue her.
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An IOU is valid, and a civil juristic act made while intoxicated is valid. There is also the case that your father may have actually written an IOU to give her an indemnity. It is worth mentioning that you and your mother do not have to pay back this compensation.
That woman violated the provisions of our country's marriage law, the crime of bigamy. Living with the other spouse knowing that the other person has a spouse, or living as a husband and wife. constitutes the crime of bigamy.
Regardless of whether the child is born in or out of wedlock. Equality in law.
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There is no problem, the property belongs to your parents and has nothing to do with the woman and the child, you can choose to transfer the ownership, or you can agree to distribute it in Ling Zun's will. Alimony is mandatory. Preferably, use both, in case Ling Zun is in trouble a hundred years later.
The validity of an IOU depends on the specific situation.
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The "woman" and the child have no right to claim a division of the house, the house belongs to your father and your mother, and no one else has the right to interfere. As for the transfer of the house to your name, it is your father's and your mother's wishes, and they can do exactly as they wish.
Supplement: The validity of this IOU should also be determined by taking into account the fact of arrears and the local payment level.
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The house is the joint property of your father and your mother, the disposition of the property is subject to the consent of your parents, no one else has the right to interfere, and in the case of your father's death, the illegitimate child has no rights over the property of your family, but if the father dies, the illegitimate child and the legitimate child have the same inheritance rights. That woman ... She had nothing to do with the house from beginning to end.
The IOU of 100,000 yuan is considered invalid by individuals, and if you want to prove the validity of the IOU in the court, in addition to proving that it was written by your father himself, you must also prove that the woman has the ability and behavior to lend 100,000 yuan. But it's hard to say if it's not an IOU, but a voluntary compensation...
It is now possible to transfer the property because your parents' property was given to you, and it has nothing to do with anyone else.
As for her coming to make trouble, she will call the police, anyway, the property has already been given to you, so that they can either sue the court for a judgment, or quietly accept child support until the illegitimate child reaches the age of 18...
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