How to distribute the 3 brothers and sisters in a 5 and a half story house more fairly and reasonabl

The title deed has only your mother's name on it, and the ownership of the property belongs to your mother alone. According to the relevant laws and regulations of our country, if your mother made a will before her death, and the will is legally valid, her property needs to be divided according to the will; If your mother did not make a will during her lifetime, or if the will is invalid for legal reasons, there will be a legal succession and each sibling will be entitled to a share of the property. You can negotiate to determine your share of the property, and you can agree to divide the property equally or not.

If the negotiation fails, a lawsuit can be filed in court. When making a judgment, the court may take care of the heirs who lack the ability to work and who have special difficulties in life, and the heirs who have fulfilled their main maintenance obligations or live together, and divide more property; For heirs who have the ability and conditions to support them, and do not fulfill their obligation to support, when distributing the inheritance, they may not share or receive a small share.

Can be divided. For the division of such properties, the following opinions are usually followed:

1. The law first respects the opinions of both husband and wife, and the two parties agree to handle the matter, and if an agreement can be reached, as long as the content is not illegal and does not infringe on the interests of others; Clause.

2. If no agreement can be reached, the house shall be owned by the party registered in the property rights as far as the ownership of the house is concerned. Thirdly, the court shall make a judgment on the joint repayment of the loan after marriage and the corresponding increase in the value of the property according to the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman, and the party registered in the property right shall compensate the other party. That is, the amount of repayment and the appreciation of the loan after marriage are divided.

The amount of the joint repayment is evidenced by a bank statement. Clause.

4. For the appreciation of the mortgage house after marriage, the actual situation of the other party's participation in loan repayment should be considered, and fair and reasonable compensation should be made for it.

It is divided into three equal parts, and if there is an inseparable part, the extra area can be converted into money and paid to the other two.

In a five-and-a-half-story house, how can the three brothers and sisters distribute it more fairly and reasonably? Only by renting out the house, the rent is divided equally between the three brothers and sisters.

It is difficult for a clean official to judge your housework.

If the husband and wife are married when buying a house, it is purchased after marriage, the income of both husband and wife is joint property, the down payment of the man is 200,000 yuan when buying the house, and the woman pays 100,000 yuan, and the two parties repay the loan together, the house belongs to the joint property of the husband and wife, and it should be divided equally if divorced.

If you are married.

If it is a house purchased after marriage, it belongs to the joint property of the husband and wife, and it is generally divided equally, but the key depends on how the two of you negotiate the specific situation, and the specific situation can be analyzed, and if necessary, contact the local professional lawyer to discuss and help solve the problem.

If the house was bought before marriage, the divorce division is 5:4 of the total value

If the house is purchased after marriage, there is no written (verbal invalid) marital property contract, and the house is divided 5:5.

The distribution of property in the event of divorce needs to be negotiated by both parties, and the law is not strong.

Du restrictive interference. If the zhi sides do not reach.

If you buy the house before marriage or after marriage, you only need to divide the public loan repayment and its value-added part after marriage, and if you buy it after marriage, it is necessary to divide it equally.

According to the total share of the money, the second proportion.

Of course, there is no will, there will be legal inheritance, the house will be divided equally among your grandfather's children, and if your father dies, you will subrogate the part of the property that belongs to your father.

If you can't negotiate with them, you can go to court and sue them and get your fair share.

If you have a written will, it is of course easy to do.

Seven of your father's siblings admit or have other physical evidence to prove that your grandparents have an oral will, which can also be inherited by you.

If no one supports you, then 7 of your father's siblings will inherit the house together, and you can enjoy your father's right of subrogation.

Of course, if you go to the basic court where the house is located to sue for the division of property, you only need to prove your relationship with your grandfather and father (household register), provide the real estate certificate and the death certificate of your grandfather and father, and the court will handle the rest.

Definitely.

Actually, you are not very demanding.

All you need is a copy.

Legally you have the right to subrogate (your father's) share.

It's harder to think about it all, but there's definitely something for you.

If there is no will to prove that the house is left to your uncle, the house must have half of yours.

According to the law, the house left by your grandparents should be your uncle and your father.

If your father dies, your father's half should be inherited by you, and you will not have no inheritance because your father has died.

According to Article 10 of the Inheritance Law of the People's Republic of China, 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.

Article 11: Where the children of the decedent die before the decedent, the descendants of the decedent's children are to inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.

Article 12: Where a widowed daughter-in-law has fulfilled the primary obligation to support her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she is to be the first-order heir.

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

Heirs who lack the ability to work who have special difficulties in life 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.

Article 15 The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance. The time, method and share of the division of the estate shall be determined by the heirs through consultation. If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

If your mother has fulfilled her maintenance obligations, you will have one-seventh of your mother's share, or you will inherit your mother's share.

If there is no will or bequest and maintenance agreement, it shall be inherited in accordance with law.

According to article 9 of the Inheritance Law, the right to inheritance is equal between men and women.

According to Article 10 of the Inheritance Law, the first order of heirs is the spouse, parents, children of the decedent, as well as the widowed daughter-in-law and son-in-law who have fulfilled the main obligation to support their parents-in-law and parents-in-law, and the inheritance is generally distributed equally according to the number of people.

Inheritance: All personal property left by the decedent at the time of death and other property rights and interests that can be inherited by law. Both positive and negative legacies are included.

Positive inheritance refers to the property enjoyed by the deceased during his lifetime and other legal rights and interests that can be inherited, such as property rights and interests in copyright. Negative inheritance refers to personal debts owed by the deceased during his or her lifetime.

Will: A will refers to a personal disposition of the testator's estate or other affairs in accordance with the law within the scope permitted by law during his lifetime, and a legal act that takes effect at the time of the testator's death.

Property purchased before marriage is personal property, and property purchased after marriage is also pre-marital property if one party pays for it.

1. First of all, whether the name of one party or the name of both parties is on the real estate certificate, it is the joint property of the husband and wife.

Secondly, the value of the house should be clarified, calculated according to the market price, not the amount of the original purchase contract. Again, distinguish between the equity part and the debt part. If a loan is involved, the loan part must be removed first.

For example, the purchase price of a house is 500,000 yuan, the down payment is 100,000 yuan, the loan is 400,000 yuan, the current value is 600,000 yuan, and the outstanding loan is 300,000 yuan. The part that the husband and wife can share is 300,000 yuan after the present value of 600,000 yuan minus the 300,000 yuan loan, and each person can get 150,000 yuan. In other words, the party who gets the house pays 150,000 yuan to the party who does not get the house, and the party who gets the house repays the remaining principal and interest alone.

2. One of the husband and wife paid all the house price before marriage and obtained the real estate certificateSince one of the husband and wife paid all the house price before marriage and obtained the real estate certificate, then the house is personal property before marriage. Therefore, in the event of a divorce, the other party has no right to claim a partition.

3. If one of the husband and wife buys a house through a mortgage loan before marriage and obtains the real estate certificate, and the house that the husband and wife jointly repay the loan after marriage is purchased by one party before marriage, then the house is personal property before marriage.

Therefore, in the event of a divorce, the other party has no right to claim a partition. However, the part of the increase in the value of the house after marriage and the part of the joint repayment of the loan, unless otherwise agreed by the husband and wife, shall be regarded as the joint property of the husband and wife, and the other party shall have the right to divide the part of the property (note: not "real estate").

It should be noted that the joint repayment of the loan, whether it is repaid by one party with his or her own salary or by both parties, shall be recognized as the joint property of the husband and wife. Of course, if one party can indeed prove that the loan repayment funds are from the individual's pre-marital property, then this part should not be recognized as the joint property of the husband and wife.

4. If one of the husband and wife paid part of the house price before marriage, but obtained the real estate certificate after marriage, the house where both parties jointly repay the loan after marriage is the same as the division in the third case.

5. One of the husband and wife paid part of the house payment before marriage and repaid the loan jointly after marriage, or one party used personal property to repay the loan but the house appreciated, and the real estate certificate has not been obtained at the time of divorce.

Hello. The proportion of property rights replacement is implemented in accordance with the demolition compensation standard document formulated by the township. If you have any questions about the compensation for demolition, you can go to the township ** to ask to see the relevant regulatory documents.

Small-scale property rights are not protected by law and are generally resolved through negotiation.

The principle of equal shares. The share of inheritance inherited by heirs in the same order shall generally be equal. Here"General"means roughly the same thing.

However, it is difficult to grasp the equalization of the distribution of some inheritances. However, it may also be unequal by the agreement of the heirs. Heirs who embody the principle of providing for the elderly and raising children who have special difficulties in life and lack the ability to work shall be taken care of when distributing the inheritance.

i.e. multi-point legacy. the principle of consistency of rights and obligations, and those who fulfill more obligations are more divided; Those who do less will receive less points; There is no distinction between those who do not fulfill their obligations. Heirs who have fulfilled the obligation of primary support or support for the decedent or who live with the decedent may receive more than one share in the distribution.

On the contrary, if the heirs who have the ability to support the deceased and have the conditions to support them do not fulfill their obligation to support, they shall not divide or divide the inheritance less; The principle of proper care can be given to those who lack the ability to work and have no livelihood other than the heirs who rely on the deceased, or who do not support the deceased more than the heirs. Depending on the circumstances, more estates can be divided. Legal basis:

Article 10 of the Inheritance Law of the People's Republic of China The inheritance shall be inherited 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 cannot inherit.

If there is no first-order heir, the second-order heir shall inherit. Article 12 of the "Inheritance Law of the People's Republic of China" provides that if a widowed daughter-in-law has fulfilled the main obligation of support to her father-in-law or mother-in-law, and a widowed son-in-law has fulfilled the main obligation of support, it shall be inherited in the first order.

First of all, the property must have the right to dispose of it, simply put, it belongs to one's own property and can be disposed of by oneself.

Second, if it is a true expression of intent, and there is no coercion or fraud, it is better to find two witnesses.

Generally speaking, the courts are in favor of making such an agreement.

If the old house is demolished, can the daughter who marries outside be assigned to the resettlement house? A lot of people think wrong!

It has nothing to do with his son and daughter, and this is obviously against the law. The current compensation methods are: 1. Compensation according to the property rights of the house.

2. Compensation according to household registration 3. Compensation according to population. This is obviously in the form of compensation according to your household registration, as long as you have a household registration, you can get compensation, and it has nothing to do with whether you are married or not.

First, whether the married daughter can enjoy the compensation for the demolition and relocation of the maiden village depends on the provisions of the village rules and civil agreement of the party's maiden village.

Second, the village rules and regulations:

1. It is a kind of rules and regulations formulated by the villagers to restrain and regulate the behavior of villagers in the initial stage of villager autonomy, in accordance with the party's principles and policies, national laws and regulations, combined with the actual situation of the village, in order to maintain the social order, social and public morality, village customs and folk customs, and spiritual civilization construction.

2. The village rules and regulations are formulated by the villagers' meeting based on the authorization of the Organic Law of the Villagers' Committees, so as long as they follow the legal procedures and the content is legal, they have legal effect, in other words, the villagers should be bound by them.

3. Village rules and conventions are not only the basis for villagers' self-governance, but also the basis for villagers' meetings or villagers' committees to manage the local villages.

4. The legal effect of the village rules and civil covenants is not unlimited, but limited, and not any content in the statute is legally binding. Village rules and covenants are formulated on the basis of legal authorization, and are used to fill legal gaps, not to replace laws, let alone conflict with existing laws.

5. The contents of the village rules and civil covenants that violate the mandatory provisions of the law or conflict with the current laws have no legal effect and cannot be used to bind the villagers.