My father died, my mother remarried, and I moved out of my hometown, who inherited the house in my h

Updated on society 2024-07-12
7 answers
  1. Anonymous users2024-02-12

    The house of the old family was inherited by both the son and mother of the deceased.

    If there is no will or other agreement, in accordance with the provisions of Article 10 of the Inheritance Law of the People's Republic of China, the estate 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 do not. If there is no first-order heir, the second-order heir shall inherit.

    The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

    The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

    The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

    According to this provision, first of all, the house belongs to the joint property of the husband and wife, of which the husband and wife each have half of the rights. When the father dies, first half of the house belongs to the spouse, and the other half is the inheritance left to the spouse and children, and each party gets half of it, that is, a quarter of the house.

    To sum up, the house should be divided between three-quarters of the mother and one-quarter of the son. Of course, in the future, when my mother dies, three-quarters of her house and other property will be inherited by her parents, spouse and children.

    In addition, the above-mentioned distribution is only a principle prescribed by law, and when it comes to actual distribution, it is recommended to negotiate amicably in the spirit of taking care of the weak, taking care of women and children, and mutual understanding and mutual accommodation.

  2. Anonymous users2024-02-11

    According to China's Inheritance Law, if you are the only child of your father, then you should be your father's only heir. However, you may not be able to inherit your father's property if someone else is named as the heir to the house in the will left by your father at the time of his death, or if there are other relatives who have priority under the law.

    In addition, you mentioned that your hukou did not move away after your mother remarried, which may affect your inheritance of your father's property. Because in China, if you are an adult and have not moved your hukou, then you will be considered to be living with your mother, which may be considered as you have renounced your right to inherit your father's property. It is advisable to consult with your local property inheritance department or lawyer to understand your specific inheritance rights and interests.

  3. Anonymous users2024-02-10

    I can inherit it. According to the Inheritance Act, statutory succession is fine. Inheritance has nothing to do with the hukou.

    Win-win, deliver.

  4. Anonymous users2024-02-09

    Summary. Hello dear, I'm glad to be able to answer your questions: After my father died, my mother remarried and my household registration did not move away, can I inherit my father's house after many years? A:

    Hello, according to the Inheritance Law of the People's Republic of China, children enjoy the right of inheritance after the death of their parents, and the right of inheritance includes inheriting the real estate and property of their parents. So you, as the father's child, have the right to inherit his property. As for whether the household registration is moved away, it will not affect your inheritance rights.

    I hope mine can help you <>

    After my father died, my mother remarried and my household registration did not move away, can I inherit my father's house after many years?

    Dear, hello, I am very happy to be able to answer your questions, after my father died, my mother remarried, my household registration did not move away, can I inherit my father's house after many years? Answer: Hello, according to the "Inheritance Law of the People's Republic of China", children have the right to inherit after the death of their grandparents, and the inheritance right includes inheriting the real estate and property of their parents.

    Therefore, you, as the child of your father, have the right to inherit his property. As for whether the household registration is moved away, it will not affect your inheritance rights. I hope mine can help you <>

    Expansion and supplementation: If the father does not leave a will, the children are the first heirs in accordance with the legal order of succession, and if there are no pure children, the parents, spouse and siblings are the heirs. However, if your father left a will during his lifetime, you need to follow the provisions of the will to inherit.

    In addition, inheritance involves real estate registration, ownership certificate and other procedures, and it is necessary to consult the real estate management department where the property is located for specific operation methods. <>

    Hello, can you tell me more about the specifics? Let me help you analyze the <> of the problem

  5. Anonymous users2024-02-08

    Summary. It is not possible to inherit.

    Inheritance is the inheritance of the heir's personal legal property left behind by the decedent at the time of death.

    The homestead land belongs to the peasant collective, and is allocated by the village collective to the peasants of the village for the construction of houses free of charge in accordance with the law. Peasants have the right to use the homestead land and do not have the right to dispose of it, so it cannot be inherited as personal property. (It has nothing to do with whether the daughter's household registration has moved out or not).

    Land Administration Act

    Article 8 Land in rural areas and suburbs of cities shall be owned by peasant collectives, except for those that are owned by the State as prescribed by law; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.

    Article 3 of the Inheritance Law Inheritance is the personal legal property left behind by a citizen when he or she dies, including:

    a) the income of citizens;

    2) Citizens' houses, savings and daily necessities;

    3) Citizens' forests, livestock, and poultry;

    4) Citizens' cultural relics, library materials;

    5) the means of production that are permitted by law to be owned by citizens;

    6) Property rights in citizens' copyrights and patent rights;

    7) Other lawful property of citizens.

    The daughter who got married moved out of the hukou and moved back to the hukou, and her parents passed away, can she inherit the land and housing base of her parents?

    No. Why?

    It is not possible to inherit. Inheritance is the inheritance of the heir's personal legal property left behind by the decedent at the time of death. The homestead land belongs to the peasant collective, and is allocated by the village collective to the peasants of the village for the construction of houses free of charge in accordance with the law.

    Peasants have the right to use the homestead land and do not have the right to dispose of it, so it cannot be inherited as personal property. Article 8 of the Land Management Law Article 8 Land in rural areas and suburbs of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives. Article 3 of the Inheritance Law Inheritance is the personal legal property left behind by a citizen when he or she dies, including:

    a) the income of citizens; 2) Citizens' houses, savings and daily necessities; 3) Citizens' forests, livestock, and poultry; 4) Citizens' cultural relics, library materials; 5) the means of production that are permitted by law to be owned by citizens; 6) Property rights in citizens' copyrights and patent rights; 7) Other lawful property of citizens.

    What if the naturalization of urban and rural areas has moved! Can I enjoy the treatment?

    If I move back to my parents, can I still enjoy the collective treatment of the village?

    Are you there? Please. OK.

  6. Anonymous users2024-02-07

    It can be inherited, as long as it is the legal property of the deceased during his lifetime, the heir Lu Piyuan can inherit it. If the deceased has left a will before his death, the will shall prevail; If there is no will, it shall be inherited according to the law. The decedent's parents, spouse, and children are all legal first-order heirs.

    Therefore, even if the only daughter moves out, she can inherit it, and it has no effect.

    Article 1127 of the Civil Code stipulates that inheritance shall be carried out in the following order: (1) in the first order: spouse, children, parents; (2) Second order:

    Siblings, grandparents, maternal grandparents. After the succession begins, the first-order heir inherits the holder, and the second-order heir does not; If there is no first-order heir, the second-order heir shall inherit.

  7. Anonymous users2024-02-06

    Summary. You can move out, dear.

    Dad died, mom remarried, son is the head of the household, can mom move out?

    You can move out, dear.

    To transfer the hukou, you generally need to issue an acceptance certificate at the local police station where you move in, and then go to the police station where you move out to go through the procedures for moving your hukou to the police station.

    The Regulations of the People's Republic of China on Household Registration stipulate that Article 10 When a citizen moves out of the jurisdiction of his or her household registration, he or the head of the household shall report to the household registration authority before moving out, obtain a migration certificate, and cancel his or her household registration. Citizens moving from rural areas to urban areas must apply to the household registration authorities of their habitual residence for moving out with a certificate of employment from the urban labor department, a school admission certificate, or a certificate from the urban household registration authority approving the move-in.

    Citizens moving to border areas must be approved by the public security authorities of the county, city, or municipal district where they habitually reside.

Related questions
9 answers2024-07-12

Zhou Gong has the following statement in his interpretation of the dream: >>>More

5 answers2024-07-12

The first thing to understand is that dreams are just a reaction to your inner feelings, and have no function of predicting signs. Dreaming of the death of your father in a dream does not mean that your father will die in reality, so don't worry too much. >>>More

22 answers2024-07-12

The stepmother that Dad brought back to you, you have to get along with him to know if she is a good person, so you have to get along well.

8 answers2024-07-12

Buy a pension insurance, 45 years old, the annual premium is 5195 yuan, pay for 15 years, to 60 years old, receive 5000 yuan per month, annual pension 6000 yuan, guaranteed to receive 20 years, a total of 120,000 yuan. If you buy one for each of your parents, the monthly pension is 1,000 yuan.

13 answers2024-07-12

According to dream interpretation, dreaming that his father is digging a pit for his mother and himself is an indication of calamity, which can remind them to pay close attention to their lives.