May I ask if the real estate certificate is the man s after the divorce, the man has passed away, an

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

    Hello this friend, if you have divorced then the real estate certificate belongs to the man, but the child follows the man, then in this case, if the inheritance is inherited by the child.

  2. Anonymous users2024-02-10

    It is difficult to say that the situation is unclear, and the key depends on whether there are other heirs in addition to the children, and consult a local professional lawyer for help.

  3. Anonymous users2024-02-09

    If the property ownership deed after the divorce is that the man goes to the south and has a child in the future, then the house belongs to the girl.

  4. Anonymous users2024-02-08

    If a man is imposing, then his property must be that of his daughter or his parents. It is possible to board the property to the daughter or parents when registering at the time of the workshop.

  5. Anonymous users2024-02-07

    The divorce certificate is from the south, but unfortunately the man died, and he had a girl, and the house belonged to his daughter after the move.

  6. Anonymous users2024-02-06

    This I think should be this girl often because of the car they definitely have to pay.

  7. Anonymous users2024-02-05

    After the divorce, the real estate certificate is the man's husband's death, and there is a girl and a child's house moved, then the inheritance depends on how many relatives the man has, and it is inherited in accordance with the law of our country.

  8. Anonymous users2024-02-04

    May I ask if the real estate certificate is the man's after the divorce, the man has passed away, and there is a girl, how to inherit the house move? Girls can be grouped together and can be inherited by virtue of your birth certificate.

  9. Anonymous users2024-02-03

    After the divorce of the husband and wife, even if the child is directly raised by the woman, the husband is still the biological spouse of the child, and the child, as the man's child, has the right to inherit the man's estate as the legal heir in the absence of a will.

    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.

    If the parents are divorced, the inheritance rights of the children will not be affected. According to the relevant provisions of the law, there are several situations of inheritance between divorced parents and children, as follows:

    1. Between biological parents and children, regardless of whether the divorced parents support his or her children, the inheritance rights of their children will not be affected.

    2. The right of inheritance between adoptive parents and children may be dissolved due to the divorce of the adoptive father and the adoptive mother, and the child being raised by the adoptive father or adoptive mother alone, and the relationship between the adoptive father or adoptive mother and the original adoptive child, which may lead to the extinction of the right to mutual inheritance.

    3. The inheritance rights between stepparents and children who have a dependency relationship can also be terminated due to the divorce of the stepfather and stepmother, and the other party terminates the original maintenance relationship because he or she does not continue to bear the responsibility of support, which leads to the extinction of the mutual inheritance rights.

    Article 1127 of the Civil Code of the People's Republic of China The inheritance shall be carried out 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. 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.

  10. Anonymous users2024-02-02

    If the woman dies after marriage, does the man have the right to inherit the property?

    In the absence of special factors, the husband has the right to inherit. Depending on the specific situation, the disposition of the pre-marital property of the deceased party should be somewhat different from that of divorce, which is that the two have broken up, so there is a clear legal provision on the pre-marital property (voluntary gift), and after the divorce, the real estate in the name of each person before the marriage still belongs to each person. If the deceased has a will or the two people have signed the premarital property notarization clause before marriage, the will of the deceased shall be implemented according to the will or prenuptial notarization clause, and if the will is made, it shall be distributed in the order of the legal heirs.

    According to the law, if the property owner of the property pre-marital property and the real estate certificate is a person, if the property owner purchases the property in full before marriage, the property belongs to the property owner; If the house is purchased with a mortgage before marriage, and the down payment is paid by the property owner, the property also belongs to the property owner, and the part of the mortgage and the appreciation of the house after marriage are half of the husband and wife.

    Before marriage, the woman purchased the mortgage in full or has paid off all the mortgage money, and the woman dies after the marriage, which belongs to the woman's personal property. According to the law, the first heirs are the woman's parents, spouse and children, all of whom have the right to inherit, and the inheritance share is equally shared among all heirs. <>

    If the woman buys a mortgage before marriage and repays the mortgage jointly after marriage, the property rights belong to the woman, and the part of the joint repayment of the mortgage and the appreciation of the house are equally shared between the husband and wife. In this case, if the woman dies, since the property owner is the woman personally, only the down payment has been paid, and the right holder of the loan part is the bank, and the first heirs in line have the right to inherit according to the law, so all the heirs have the right and obligation to inherit the real estate and debts. <>

    The above is for the legal provisions under normal circumstances in the absence of a will. According to the principle of general will priority, if the woman made a will before her death and it is a valid will, she will make trouble in accordance with the will. The above are some suggestions and ideas that belong to my Yinwan family, for reference only, I hope it can help you.

  11. Anonymous users2024-02-01

    There is no right of inheritance, because the pre-marital property does not belong to the joint property of the husband and wife. Therefore, if the sedan chair girl Qing Hengfang dies, this property is for the woman's relatives.

  12. Anonymous users2024-01-31

    There is no right of inheritance, because the right of inheritance is for the marital property of the couple, and the property before the marriage is inherited by the woman's mother's family.

  13. Anonymous users2024-01-30

    In this case, the man has the right to inherit, because the man, as the woman's partner, is eligible to inherit the property of the woman's son Zhengpei, and the man has the right to inherit this property.

  14. Anonymous users2024-01-29

    As long as the divorce is registered and the agreement is attached to the back of the divorce certificate, then the property belongs to the woman, not the inheritance. If there is no divorce registration, there is no divorce certificate.

    If there is no divorce, the house belongs to the joint property of the two spouses.

    Half of it is obtained, and the other half belongs to the man's inheritance. As long as it is stipulated in the divorce agreement, it is property.

    Legal analysis

    Even if the man's estate should be divided equally by the spouse, the man's parents, and children, at the time of the divorce, the two people have agreed that the house belongs to the woman, although there is no transfer, as long as the divorce agreement takes effect, the house is already the woman's personal property, and now the woman is still going through the house transfer procedures. It is a divorce by mutual agreement.

    First, after the death of the man, the house cannot be the man's inheritance, and the relevant documents of the ** agency do not need to be notarized. Divorce Settlement.

    As long as it is the true intention of both parties, the property of others has not been disposed of, and the legitimate rights and interests of others have not been harmed, it is legal and valid. The two parties form a legal relationship of gift.

    However, in order for the woman to obtain the ownership of the house, it is not enough to have a divorce agreement, but also for the husband to go through the formalities of transfer registration and real estate registration.

    The woman can only acquire ownership of the house after the registration is completed, and in general, the person recorded in the real estate register is presumed to be the owner of the real estate. In the event of the husband's death, the immovable property may be regarded as the husband's property for inheritance because the immovable property is registered in his name and the immovable property registration has the effect of public trust.

    Legal basis

    Civil Code of the People's Republic of China.

    Article 1062:The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

    Article 1063:The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (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 party.

  15. Anonymous users2024-01-28

    The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it will not be effective. Except as otherwise provided by law. Although the divorce agreement signed by the husband and wife stipulates that the real estate involved in the case belongs to one of the husband and wife, the two parties have not registered the transfer of the real estate right, the transfer of the real right is not effective, and the real estate is still jointly owned by the husband and wife.

    If the house is acquired within your marriage, then you only have half of the property, and if the house is acquired outside of marriage, then you have nothing.

  16. Anonymous users2024-01-27

    This depends on when the legal validity period of your divorce agreement is, if it has expired, then the house must belong to the man's property, if it is still within the validity period, both parties are required to be present for the transfer, the man has passed away, and the transfer procedures will be more troublesome.

  17. Anonymous users2024-01-26

    You have a divorce agreement, and although the house has not been transferred, it is still your property, not an inheritance.

  18. Anonymous users2024-01-25

    If you divorce the agreement the house belongs to the woman. The agreement on the death of the husband is also legally effective. It cannot be regarded as the man's inheritance.

  19. Anonymous users2024-01-24

    If your divorce settlement proves that the house is yours, that's fine.

    Generally not counted as his legacy.

    Of course, the specific analysis of specific problems also depends on the evidence from all aspects, and in short, it cannot be generalized.

  20. Anonymous users2024-01-23

    As long as you have a divorce agreement, the house is yours. Although the transfer procedure was not completed, the divorce agreement was also signed by both parties, which means that the man has given up the house. So of course it can't be counted.

  21. Anonymous users2024-01-22

    The Civil Code stipulates that when the house is not transferred, the ownership of the house has not been transferred, and if the house is legally acquired by the parties, the house can be used as an inheritance.

  22. Anonymous users2024-01-21

    Although there is no transfer of ownership, this and that house still belong to the woman, because there is an agreement between you.

  23. Anonymous users2024-01-20

    At the time of divorce, the house was awarded to the woman, but there was no transfer, the man died, and the man's family has no right to inherit, because in this case, the judgment at the time of divorce has already taken effect, but there is no time to transfer the ownership, and the actual ownership has already belonged to the woman, so the result of the judgment cannot be set aside on the basis that there is no transfer. The woman does not need the man to transfer the house, she only needs to explain the facts clearly, bring the judgment to the real estate bureau for processing, and the man's family has no reason and position to inherit the house.

    This is the legal rights and interests conferred by the judgment on the woman, and the transfer cannot be completed because of the death of the man, and this last step makes the property rights of the property unclear, in fact, after the judgment takes effect, the property rights of the property are clear enough, and there is no dispute in this matter, so there is no need for the man's family to be for this property. There are too many ideas and disputes, and it is enough to strictly follow the verdict.

    The issue of property division and the issue of property ownership make the biggest diagnosis in divorce, and many people are also in trouble because of it, even if they were once interdependent, the husband and wife will eventually get into trouble, which is a very sad and realistic problem. When two people who were once husband and wife went to court because of a property dispute, they wanted to end the relationship at the same time, but also-for-tat, which was a great irony for the relationship between the two parties, and it was the best result to get together and disperse.

    Finally, we hope that all couples who are unfortunate enough to yearn for the road of divorce can sit down calmly to discuss divorce matters, and be able to treat the common real estate, property debts and the ownership of children fairly and justly, and do not let the beauty of the past be unrecognizable in the end, which is responsible for the relationship and a successful end to the choice of oneself.

  24. Anonymous users2024-01-19

    The man's family has no right to inherit, because the two have divorced and the house has been awarded to the woman.

  25. Anonymous users2024-01-18

    Absolutely. The house has not been transferred, so it is still the man's, and the man's family can inherit it.

  26. Anonymous users2024-01-17

    No, because legally the house already belongs to the woman, and although there is no transfer, the house still belongs to the woman.

  27. Anonymous users2024-01-16

    The man's family has no right of inheritance, the house belongs to the husband and wife, and after the death of the man, the house belongs to the woman.

  28. Anonymous users2024-01-15

    Hello, according to your question, after the divorce, the right to use the house belongs to the man, so if the man dies, the right to use is automatically extinguished, and what can be dealt with is the ownership of the house. First of all, with regard to the right to use the house after divorce, this right cannot be inherited, therefore, the right to use the house is extinguished by the death of the man, and will not be inherited by the man's heirs. Secondly, on the issue of the ownership of the house, it is first necessary to see whether the house belongs to the joint property of the husband and wife during marriage, according to the relevant provisions of the Civil Code

    The man and the woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing. The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.

    The following property acquired by the husband and wife during the existence of the marital relationship shall be 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) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

    The following property is the personal property of one of the spouses: (1) the pre-marital property of one of the spouses; (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 party. Therefore, if the house is the personal property of the man, then the property becomes the man's estate and is inherited by his decedent; If the house is the joint property of the husband and wife, the part belonging to the man becomes the man's inheritance and is distributed according to the rules of inheritance, and the part belonging to the woman is owned by the woman.

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