What should I do if my husband dies unexpectedly and my parents in law ask me to sell the house and

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

    The law stipulates that the in-laws have the right to share the husband's inheritance, but the children are still young and the husband has just died, so they can discuss it with the in-laws. Chinese pay attention to feelings, if they encounter this kind of thing in reality, they can find relatives and friends to persuade their in-laws not to fight for the inheritance, if the negotiation fails, they can also find a lawyer to help divide it, and if it is really not possible, go to the court to sue for the division of family property.

    When the husband dies, the in-laws are the husband's first-order heirs, and the in-laws are legally entitled to inherit the estate left by the husband. The in-laws asked for a division of the family property, which was legal and reasonable, and although the daughter-in-law felt uncomfortable, she had to agree to divide the family property. But the situation is more special, the child is still young, and the husband died suddenly because of an accident, maybe the daughter-in-law has no job, what if the daughter-in-law sells the house and the daughter-in-law goes to live?

    Therefore, the daughter-in-law can negotiate with her in-laws according to her actual situation.

    If the daughter-in-law has no other housing, the daughter-in-law and the children cannot be homeless, so they must negotiate with the in-laws, the house cannot be sold, and the part of the inheritance divided by the in-laws can be calculated by the lawyer, and then slowly repay the money to the in-laws. I believe that the in-laws will look at the face of their grandchildren, will not kick their daughter-in-law out, and will not force their daughter-in-law to sell the house. After all, everyone is a family, and her husband died suddenly due to an accident, which is sad news for everyone, so everyone should be united, don't have conflicts at this time, and have something to say.

    If the daughter-in-law and her in-laws are unable to negotiate for the time being, they can find a third party, relatives and friends, or the staff of the neighborhood committee to come forward to coordinate, and if the in-laws still insist on asking the daughter-in-law to sell the house and divide the family property, the daughter-in-law can also go to the court to sue to protect her rights and interests. If the daughter-in-law has no job and does not have the ability to support herself and her children, and the in-laws have to drive the daughter-in-law out to divide the inheritance left by the son, it is a bit unreasonable for the in-laws to do this, and I believe that the court will also protect the rights and interests of the daughter-in-law and the children.

  2. Anonymous users2024-02-11

    At this time, it is better to actively negotiate and divide the family property, so that you can get a guarantee.

  3. Anonymous users2024-02-10

    This house does have a share of your parents-in-law, you can have a good talk with your parents-in-law, and you can also give your parents-in-law some promises that you can provide for their old age, provided that they don't divide the house.

  4. Anonymous users2024-02-09

    You can sue your parents-in-law directly, after all, your husband died unexpectedly. He is the first heir, so he has no right to return the house to his parents-in-law.

  5. Anonymous users2024-02-08

    It is possible to prosecute.

    The house belongs to the Bai elderly couple and the couple.

    du, one and a half, the father-in-law himself has half of the property rights, and he needs to inherit the half under the mother-in-law's name.

    The father-in-law can go directly to the court to sue other children who are unwilling to handle the inheritance signature, because the father-in-law himself plus the inheritance of the mother-in-law's share, belongs to the majority of the property owners, therefore, the court will rule that the house belongs to the father-in-law to inherit, in addition, you need to determine whether the image will you said is legal and valid, and the premise of validity, your father-in-law does not need to give a penny to other heirs! If it is determined that the will is invalid, your father-in-law needs to pay the corresponding share of compensation to the other inherited children, and then your father-in-law can handle the inheritance transfer with the court judgment, and after the right is confirmed, he can sell the house at will.

  6. Anonymous users2024-02-07

    If the property of the father-in-law and the mother-in-law is the joint property of the husband and wife, after the death of the father-in-law, the mother-in-law can inherit all the property of the father-in-law, including the real estate. In this case, the mother-in-law is the only heir and therefore has the power to decide what to do with the property. However, if the father-in-law left a will before his death and there are provisions about the property in the will, the mother-in-law must abide by the will of the father-in-law.

    For example, if the father-in-law says in the will that the property should be owned by the son or daughter, then the mother-in-law cannot sell the property and should dispose of it according to the father-in-law's wishes In addition, if the mother-in-law has an agreement with the father-in-law's children or other relatives to divide the estate, the mother-in-law needs to abide by the agreement. For example, if the father-in-law does not specify the ownership of the property in his will, but has reached an agreement with the mother-in-law's children to divide the property among all the heirs, then the mother-in-law cannot be the sole owner of the property, but should abide by the agreement. Of course, in exceptional circumstances, the rights of the mother-in-law may be restricted.

    For example, if there is a debt dispute or legal action on the property, the court may ask the mother-in-law to suspend the disposal of the property until the debt or dispute is resolvedIn short, when dealing with the property of the father-in-law, the mother-in-law needs to take into account the legal provisions, the will of the father-in-law, the agreement with the relatives, and the special circumstances that exist. If the mother-in-law wants to sell her father-in-law's property, she must first transfer the property to her own name and then proceed with it**.

  7. Anonymous users2024-02-06

    Right. According to the Inheritance Law of the People's Republic of China, the house was purchased during the marriage of the parents-in-law and was their common property, and the deceased mother-in-law, as the first heir, could inherit all the property rights of the house and had the right to sell it.

  8. Anonymous users2024-02-05

    When the husband dies, the house in the name of the in-laws belongs to the inheritance for inheritance. If there is a will, it shall be inherited in accordance with the will, and if there is no will, it shall be inherited in accordance with the legal order. The first order is spouse, parents, children; The second order is grandparents, maternal grandparents, siblings.

    In the case of inheritance, the inheritance shall be inherited by the first-order heirs, and if there are no first-order heirs or the first-order heirs renounce the inheritance, the second-order heirs shall inherit the inheritance. Generally, heirs in the same order shall inherit equal shares.

    Legal basis] Article 1127 of the Civil Code, 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 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.

  9. Anonymous users2024-02-04

    The mother-in-law's approach is in accordance with the law, reasonable and compliant, and there is nothing wrong with itIt just needs to be strictly enforced according to the law.

    Who should be the true heirs of the estate? The Inheritance Law clearly stipulates that the status of "spouse, children, parents, siblings, grandparents, maternal grandparents" is carried out in the order of succession.

    The law of our country divides the order of succession into two partsThe first order of heirs is: "spouse, children, parents"., the heirs in the second order are: "siblings, grandparents, maternal grandparents".

    As long as there is a first-order heir, the second-order heir does not have to be involved, everything is dominated by the first-order heir.

    The joint property of the family is created by the husband and wife together and must be divided equally. If one party unfortunately dies, it is necessary to divide the family property equally, leaving half for the surviving party, and the property of the deceased party can be divided equally according to the inheritance rules of the first-order heirs.

    Therefore, for this family, when the man dies, according to the law of inheritance, the mother-in-law is also the first-order heir, and the inheritance of the son's estate should be shared, and there is no need to fight, and there is no need to have a share, but it needs to be implemented in accordance with the law.

    1. The first step is to divide the joint property of the husband and wife equallyFor example, savings, real estate, and other property, etc., the share that belongs to the spouse is allocated first, and the rest is the inheritance that belongs to the man. At this time, according to the law, the number of heirs in the first order countsThese inheritances are divided equally among the owners.

    For example, if there is one spouse, two children, one mother-in-law, and one father-in-law, there are a total of five first-order heirs who participate in the division of the estate. If the man has a deposit of 500,000, then each person can get 100,000. The division of property, for example, is carried out in accordance with this law, and is divided equally among all owners.

    For the mother-in-law, the family's property was jointly created by the son and daughter-in-law, and was not exclusive to the sonYou can only get a fraction of half of the house priceAnd not all that is taken for granted.

    Second, the second step, in the process of division, should also take proper care of the elderly and infirm. For the elderly and infirm, or those who have lost the ability to work, the law should give appropriate preference and give a certain amount of care when dividing the group, and a little more may be appropriately shared.

    To sum up, the mother-in-law for her son's so-called real estate,You can get a fraction of a half of the discount on the propertyAfter reaching an agreement with the daughter-in-law, the law respects and actively promotes the implementation of the agreement, so as to relieve everyone's pain and prevent the conflict from intensifying.

    In short, family and everything is prosperous, respecting the old and loving the young is the traditional virtue of the Chinese nation.

  10. Anonymous users2024-02-03

    Plausible. Because the mother-in-law is also the husband's first heir, as long as the house has the husband's share, the mother-in-law has the right to fight for it.

  11. Anonymous users2024-02-02

    The mother-in-law's approach is very unreasonable, because the daughter-in-law has the right of residence. And he is the first in line to the throne.

  12. Anonymous users2024-02-01

    Mother-in-law's approach is very unreasonable, if I meet such a mother-in-law, I will take the initiative to communicate with the other party, and I also hope that the other party can unconditionally support themselves and tolerate themselves in life.

  13. Anonymous users2024-01-31

    In the event of the death of one of the spouses, the other spouse shall account for 50% and the remaining 50% shall be divided between the parents and the children (the other spouse). "Civil Code of the People's Republic of China" Article 127 The inheritance of the inheritance is in the following order: (1) The 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 inherit; If there is no heir in the first order of lease succession, it shall be inherited by the heir in the second order.

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