-
Although your father's deed is in the hands of his wife, the key is to see whose name is written in the deed, if: 1. It is your father's name, you can obtain part of the value of the property through the following inheritance: 1. The registration time of the deed is before the date of your father's remarriage, then the property is your father's personal property before marriage, and the whole will be used as an inheritance, you and his wife are the first-order heirs, if there are no other first-order heirs, then the two of you will divide it equally, It is possible to jointly apply for the title deed to be changed to the name of both of you, or to one of them, and the other person receives a considerable half of the value; 2. The registration time of the deed is after the date of your father's remarriage, then the property is the joint property of your father and his wife, which should be divided equally first, after removing her one-half, the remaining one-half as an inheritance, you and his wife are the first-order heirs, if there are no other first-order heirs, then the two of you divide the two-part equally, she is the heir to most of the value of the property, generally she gets the property, and she pays you the inheritance part of the money.
2. If the names of your father and his wife are written, then the property is the joint property of your father and his wife, and then you inherit it in the form of one or two. 3. If it is written in the name of your father's wife, you can obtain part of the value of the property through the following inheritance: 1. The registration time of the deed is after the date of your father's remarriage, then the property is the joint property of your father and his wife, and then you inherit it in the way of one or two.
2. The registration time of the deed is before the date of your father's remarriage, then the property is regarded as your father's wife's personal property before marriage, because his wife has not died, you can not inherit it for the time being, if his wife dies, it depends on whether you and his wife have formed a stepchild parent relationship with his wife, if so, you can inherit her estate, if not, then you can't get anything.
-
It may be that after your father got married, you bought a house, and later wrote your stepmother's name on the title deed, so you can't get the house back. It can only be a gift from you to your father. If you want to inherit then do you have brothers and sisters, if you are an only child, then you and your stepmother will inherit 50% of the property.
-
According to the legal inheritance, you are the first heir As for the house, you still have to find a lawyer to sue.
-
Legal analysis: The house was bought with one's own funds, and someone else's name was written, and the agreement or capital contribution certificate of the borrowed name to buy the house can be used to prove the ownership of the house.
Legal basis: Article 215 of the Civil Code of the People's Republic of China Unless otherwise provided by law or otherwise agreed by the parties, a contract between the parties regarding the creation, modification, transfer and extinction of real estate rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.
-
The house was bought with one's own funds, and someone else's name was written, and the agreement or capital contribution certificate to buy the house in the borrowed name can be used to prove the ownership of the house.
1. Is the house in the husband's name the joint property of the husband and wife?
Whether the name of one party is considered to be joint property when buying a house after marriage is divided into the following two situations: if it is joint property: 1. If the house purchased during the marriage of the husband and wife has not been expressly agreed by the husband and wife, only the name of one of the parties is written on the real estate certificate, and it shall be recognized as the joint property of the husband and wife; 2. If the immovable property purchased by the parents of both parties is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties according to the share of their respective parents' contributions, unless otherwise agreed by the parties.
If one party wants to own the right to use the house in the event of divorce, the appraisal unit will evaluate and then distribute it to the other party; If both parties want to own the house, both parties will make a bid; If neither party wants the house, the people's court will auction it and then distribute it. Immovable property that is not joint property and purchased by one of the parents for the children after marriage and whose property rights are registered in the name of the funder's children may be regarded as a gift to only one of their children in accordance with the provisions of the law, and the immovable property shall be recognized as the personal property of one of the spouses.
2. Can I get a house if I have a child in a divorce lawsuit?
If you go to a divorce lawsuit, the children may not be able to get the house, because the ownership of the house and the custody are not directly related. If the house is purchased with joint property or after marriage, it is jointly owned by both spouses; If the house was purchased by one party before the marriage, the title deed only states the name of one party and is owned by one party personally.
3. Does the house bought by one person before marriage belong to joint property after marriage?
Whether the house bought by a person before marriage is joint property after marriage depends on the situation
1. Before the marriage, one party has purchased, paid off the house and has the ownership of the house, which obviously belongs to the pre-marital property of one party, which is personal property, not the joint property of the husband and wife;
2. However, if one party buys a house with his own funds before marriage, but registers the property rights in the names of both parties for some reasons, this is regarded as a gift to the other party, in this case, the house belongs to the joint property of the husband and wife.
Article 215 of the Civil Code of the People's Republic of China provides that unless otherwise provided by law or otherwise agreed by the parties, a contract between the parties regarding the creation, modification, transfer and extinction of immovable property rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.
Legal analysisBuying a house now is not a freehold property, but as long as the property is still there, the house will always be the owner's private property. However, there are restrictions on the land use rights of real estate, 70 years for residential land, 40 years for commercial land, and 50 years for comprehensive land. The property right of the house actually refers to the land use right of the property, not the direct property right of the house, so even after the property right expires, the owner can live normally, but the land use right is returned to the state. >>>More
1. Failure to obtain the "Residential Quality Assurance Certificate", "Residential Instruction Manual", and "Completion Acceptance Record Form"; 2. The developer delays the delivery of the building for no reason than agreed in the original contract, and delivers the house more than three months after being urged by the buyer; 3. Without the approval of the relevant departments, the developer changes the housing structure and the supporting environment agreed in the contract without authorization; 4. The developer has changed the structure of the house without the approval of the buyer; 5. If there is no agreement in the contract, and the actual delivery area of the house exceeds the absolute value of the error ratio specified in the original contract by more than 3% (excluding 3%), the house can be refused to be accepted and the purchase contract can be terminated; 6. After being verified by a qualified quality inspection agency, the quality of the main structure of the house is indeed unqualified; 7. Housing quality problems seriously affect normal residential use; 8. It does not have the premise that the roads in the community are unobstructed and the water, electricity, gas and heating have been connected; 9. Unable to provide qualified surveying and mapping data on the area of some houses.
On the premise of buying a house after marriage, it is not a real estate certificate. >>>More
If it is an elevator building, it is recommended that you buy a high-rise building, but it should not be too high, let alone the top floor. For example, if there are 30 floors in total, you can buy 18 floors and 19 floors, that is, the upper middle is the best. If it is too low, first of all, the light will be bad, then it will be noisy, then it will be unsafe, and more importantly, there will be more pollutants. >>>More
1. Can I buy a house without a house book?
Before you buy a house without a house book, you must first figure out why there is no house book, if the problem is not big, you can make up for it later, such a house can also be purchased, there are generally the following situations without a real estate certificate: >>>More