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Hello, 1. If the negotiation fails, evaluate first, and divide it according to the evaluation; 2. See if the woman has a will; 3. If the negotiation fails, an evaluation fee will be spent; 4. Pay separately after the lawsuit. If you need help, it is recommended to call or consult in person.
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Generally, the court will award the difference to one party; Because there is a price difference, it will be refunded separately after the lawsuit is evaluated.
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After the appraisal, the share will be divided according to the value, and the litigation fee can be returned to the plaintiff in any way, and the right to continue must first have evidence to determine that it is the joint property of the husband and wife, and then whether there is no loss of the right to inheritance.
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Hello, this lawyer has dealt with many similar cases, I suggest that you call directly to consult, if appropriate, find this lawyer to consult in person, it is clearer.
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Hello! Clause. 1. If the woman does not leave a will, the joint property of the husband and wife shall be inherited according to the law, and half shall be divided into half to the man, and the other 50% shall be inherited equally by his parents, spouse and children; Clause.
2. If the heirs cannot agree on the value of the house, an appraisal is required; Clause.
3. The judgment will directly state the proportion of the defendant and the defendant to bear the litigation costs. If you need help, please call us for free consultation.
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Legal Analysis: First, proceed as with a general civil procedure. Secondly, the principle of "who asserts and who bears evidence" in the Civil Procedure Law must be clarified in real estate disputes, and clear claims must be put forward when filing a real estate lawsuit.
Submit effective evidence to the people's court around these litigation claims. If there is a big quality problem with the house, when claiming compensation from the developer, it is necessary to submit the purchase contract and the housing quality assurance certificate provided by the developer to prove that the quality of the house and the contract are inconsistent with the developer's commitments, and objective evidence materials have caused property losses to themselves.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 119:Prosecution must meet the following requirements:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
Article 120:The indictment shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.
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It is necessary to pay attention to the following in real estate lawsuits: Wang He 1. According to the principle of "who asserts, who shall present evidence" in the Civil Procedure Law, when filing a real estate lawsuit, clear requests should be raised. Submit effective evidence to the people's court around these litigation claims.
2. In order to ensure the smooth execution of the judgment, the parties may apply to the people's court to take preservation measures against the corresponding property of the respondent in accordance with the provisions of the Civil Procedure Law.
3. Regarding the statute of limitations, when a party files a real estate lawsuit, it must be filed within the three-year statute of limitations period prescribed by law, so as to avoid losing the right to litigate.
Legal basis: Civil Procedure Law
Article 49: The parties have the right to entrust a person to submit an application for recusal, collect and provide evidence, conduct debate, request mediation, file an appeal, and apply for enforcement.
The parties may consult the relevant materials of the case, and may make copies of the relevant materials and legal documents of the case. The scope and methods for inspecting and reproducing materials related to this case are to be provided for by the Supreme People's Court.
The parties must exercise their litigation rights in accordance with the law, abide by the litigation order, and perform the judgments, rulings and mediation documents that take legal effect.
Article 100: In cases where it might be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons, the people's courts may, on the basis of the application of the opposing party, rule to preserve their property, order them to perform certain acts, or prohibit them from doing certain acts; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary.
The people's court may order the applicant to provide a guarantee when taking preservation measures, and if the applicant does not provide a guarantee, rule to reject the application.
After the people's court accepts the application, if the situation is urgent, it must make a ruling within 18 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.
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Legal analysis: The subject matter of the dispute over the housing sales contract is generally relatively large, and the rubber block has a great impact on the individual, so it is recommended that a professional lawyer should grasp the key point of the case to win the case. When initiating a real estate lawsuit, it is necessary to put forward clear claims and submit valid evidence to the people's court.
Legal basis: 1. Article 2 of the "Liang Lu of the Civil Procedure Law", the purpose of the legislation, the task of the Civil Procedure Law of the People's Republic of China is to protect the parties in exercising their procedural rights, ensure that the people's courts ascertain the facts, distinguish between right and wrong, correctly apply the law, hear civil cases in a timely manner, confirm the relationship between civil rights and obligations, sanction civil violations, protect the legitimate rights and interests of the parties before balancing, educate citizens to consciously abide by the law, maintain social and economic order, and ensure the smooth progress of socialist construction.
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Legal analysis: real estate disputes are a common kind of disputes in our lives, and many people will choose to solve the dispute through litigation, that is, to file a lawsuit with the court. Litigation generally consists of four steps: the presentation of pleadings and evidence, the presentation of evidence,** and the trial.
Legal basis: Civil Procedure Law of the People's Republic of China Article 119: Initiating a lawsuit must meet the following conditions:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear history of harassment by the defendant;
3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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