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Your father-in-law can transfer the title of the house to your eldest brother by gift or will, of course, to your wife's name in this way, without the consent of the other children, which is supplemented by the law with his right.
If your father-in-law does not transfer the property in the above way, the estate after his death will be inherited by the four siblings, and your wife will inherit a quarter of the house inheritance.
Of course, there is also a possibility that the other sisters will automatically give up the right to inherit the estate, and his share will be inherited equally by the other heirs, of course, the renouncer can also appoint an heir.
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When did your father-in-law buy his property?
The purchase of an adult child with whom he lived at the time and who had earned earned a share of it is called "co-ownership"!
After excluding the shares of the other co-owners, your father-in-law's estate (including the share of the mother-in-law who has not been divided), and then the children will be divided equally in principle, regardless of whether they are male or female, married or not, and whether they have other housing.
I suggest: The inheritance is not much, and the other brothers and sisters are not rich, I suggest that your wife take the initiative to give up the corresponding inheritance! Then the other siblings will be more respectful of you and your husband and wife, and they will be more harmonious in handling the inheritance.
It is beneficial to oneself, to others, and to society!
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The law is that your father-in-law's house should be divided into 4 parts for 4 children, and the sons and daughters have equal inheritance rights, regardless of the children's family situation and economic situation, of course, this is when the old man does not make a will.
If the old man has a will, it needs to be executed according to the old man's will, not divided equally.
Elderly people have the right to transfer the property in their name to anyone without the consent of their children.
Inheritance occurs when the deceased passes away. There is no inheritance during the lifetime of my father-in-law.
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It's usually the son who breaks it.
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It needs to be discussed on a case-by-case basis
1. The father-in-law and mother-in-law have left a will: inherit and divide according to the will. According to Article 1123 of the Civil Code of the People's Republic of China:
After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
2. The father-in-law and mother-in-law did not leave a will: the inheritance division shall be carried out in accordance with the statutory inheritance. According to Article 1129 of the Civil Code of the People's Republic of China:
Where a widowed daughter-in-law has fulfilled the main obligation of support to her parents-in-law, or a widowed son-in-law to her parents-in-law, she is to be the first-order heir. Article 19 of the Interpretation (1) of the Supreme People's Court on the Application of the Inheritance Part of the Civil Code of the People's Republic of China stipulates that if the decedent has provided the main economic support for his or her livelihood, or has given major assistance in terms of labor services, it shall be deemed that he has fulfilled the main obligation of support or the main obligation of support.
Therefore, in the case that the father-in-law and mother-in-law have not left a will, if the widowed daughter-in-law fulfills the main maintenance obligation to her in-laws, or the widowed son-in-law to the father-in-law, that is, she has provided the main economic support for the life of the decedent, or has given the main support in terms of labor services, etc., she should be regarded as the first-order heir. And after his remarriage, it will not affect the subrogation rights of his children. If the obligation of support is not fulfilled, the widowed daughter-in-law or widowed son-in-law cannot inherit the inheritance of the in-laws or parents-in-law.
If you, as a son-in-law, want to claim inheritance from your father-in-law's estate, you first need to prove that you have fulfilled your obligation to support the second elder, and you can usually provide the following evidence as a reference: taking the elderly out to play**, **; Receipts for the elderly to purchase daily necessities, daily necessities, and daily prescription medicines; Medical records and invoice vouchers for taking the elderly to the hospital for medical treatment; Funeral expenses vouchers after the death of the elderly, etc., to prove that you have fulfilled your obligation to support the elderly, and should participate in the inheritance division of the estate as the first-order heir.
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The divorced wife does not inherit the property of the father-in-law, and the man cannot claim compensation. According to the relevant laws and regulations, after the commencement of inheritance and before the disposal of the estate, the heir Sun Wang may make a written expression of renunciation of inheritance. That is, whether the wife has the right to decide independently whether to accept the inheritance or renounce it, and this right of disposition is not limited by the husband.
[Legal basis].
Article 1124 of the Civil Code of the People's Republic of China.
After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.
The legatee shall, within 60 days after knowing of the bequest, make an indication of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.
Article 1062.
The following property acquired by the husband and wife during the marriage 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) income from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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The joint repayment of the mortgage, the death of the wife, the parents-in-law of the house have the right to inherit. Where husband and wife repay loans jointly, it shall be deemed to be the joint property of husband and wife. The relevant laws of our country stipulate that when the estate is divided, half of the jointly owned property shall be divided into the spouse's property, and the rest shall be the inheritance of the decedent.
Then it will be handled in the order that bequest and maintenance is superior to the will, and the will is superior to the statutory inheritance.
[Legal basis].Article 1122 of the Civil Code of the People's Republic of China.
An estate is a personal legal property left behind by a natural person upon his or her death.
An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.
Article 1141.
The will should reserve the necessary share of the estate for the heirs who lack the ability to work and do not have a living.
Article 1153.
Unless otherwise agreed, when dividing the property jointly owned by the husband and wife, half of the jointly owned property shall be divided into the spouse's property, and the rest shall be the inheritance of the decedent.
Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.
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Legal analysis: According to the provisions of the inheritance law, parents and children are the first-order heirs and enjoy the right of inheritance to each other.
Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance of the estate shall be 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 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.
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Under normal circumstances, the names of two people on the real estate certificate are early, and after the death of one person, the property owner of the real estate certificate needs to be changed.
1.If the two people on the title deed are husband and wife. In this case, there is a high probability that the house belongs to the joint property of the husband and wife.
In the event of the death of one person, half of the deceased spouse's share of the house will be inherited by the heirs (note that the heirs are not necessarily limited to the living spouse).
2.If the two people on the title deed are not husband and wife, they may be friends, fathers and sons, or even partners, etc. In this case, the deceased party's share is inherited by his heirs.
This share is not necessarily half of the house, depending on the information registered on the title deed. Carry it here.
Once the inheritance share has been determined, there are four main steps to be done:
1) Determine who the heirs are;
2) determine the share of inheritance for each heir;
3) Inheritance procedures, notarized inheritance (non-disputed) or litigation inheritance (disputed);
4) Go to the real estate registration center with the notarial certificate of inheritance (or court judgment) to go through the transfer procedures and change the name of the house.
The end result is to get a new title deed, and the owner of the title deed must be clear and at the same time clear about their share of the house. It should be noted that it is very important to clarify the owner of the house, which is the core basis for the final determination of the ownership of the property, which is reflected in the form of the house capital.
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Legally speaking, the wife is the first heir to the husband's property, and it is understandable that the husband's house is inherited by the wife.
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