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Your husband has passed away, and you don't want to sell the house, so your mother-in-law's share, you can negotiate with your mother-in-law to compensate your mother-in-law with the money.
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If your mother-in-law agrees to do so, you have to go to the housing authority with valid documents to transfer the real estate certificate to your name.
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Of course, you can communicate and negotiate with your mother-in-law, because your husband died and your mother-in-law is also the first heir.
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Absolutely! Just pay your mother-in-law the share of your husband's estate inherited by your mother-in-law.
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Then you have to negotiate with your mother-in-law, if your mother-in-law wants to sell this to you, you can buy it back, if people don't want to sell it, it's no trick, you know, just wait for the two of you to negotiate. 、.
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This should be possible, as long as your mother-in-law agrees, but you must write the agreement.
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Your mother-in-law also has only two choices. One, she converts the house into money and gives you the house, she wants. Second, you give her the house into money.
House you want. If the mother-in-law had only a son. You can live together to provide for her in her old age. In the end, the house is all left to you.
1. The mother-in-law has a will, and her estate is distributed according to the content of the will. 2. If there is no will, according to the legal inheritance, it will be inherited by the first person in order, including parents, spouse and children. The heirs may divide or negotiate with each other to inherit the inheritance.
3. For the widowed daughter-in-law who fulfills the main maintenance obligation to her mother-in-law, she can participate in the distribution of the estate as the first-order heir. 4. The Inheritance Law stipulates: Article 5 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.
Article 10 The inheritance of the estate shall be in the following order: first order: spouse, children, parents.
Article 12: Where a widowed daughter-in-law has fulfilled the primary obligation to support her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she is to be the first-order heir. Article 13: The share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.
Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed. If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less. Where the heirs agree through consultation, it may also be unequal.
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Legal analysis: The husband died, and the in-laws of the house had a share. In the absence of a will, the spouse, children, and parents are the first heirs.
The husband's pre-marital property is divided equally between his parents, his wife, and his children. After marriage, half of the property is shared by the husband and wife, and the other half is divided equally between the parents and children. In the absence of a will, the spouse, children, and parents are the first heirs.
The husband's pre-marital property is divided equally between his parents, his wife, and his children. Half of the property jointly owned by the husband and wife after marriage belongs to the wife, and the other half is divided equally between the parents and children.
Legal basis: Article 1127 of the Civil Code The inheritance of inheritance shall be 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.
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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**.
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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.
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Summary. Hello, kiss <>
The mother-in-law does not have the right to dispose of the common property alone, that is, if the house is the joint property of the husband and wife, the mother-in-law cannot decide to decide on the house alone. In this case, the children of both spouses need to be involved in the decision-making together and reach an agreement before the disposal can be carried out. If the house is property that belongs only to the father-in-law's name, it needs to be disposed of in accordance with the provisions of the inheritance law.
<> father-in-law dies, does the mother-in-law have the right to sell the house?
Hello kiss [heart hunger] Mother-in-law does not have the right to dispose of public property alone, and Tong Xiaohui means that if the house is the joint property of the husband and wife, the mother-in-law cannot decide to house the house alone. In this case, the children of both spouses need to be involved in the decision-making together and reach an agreement before the disposal can be carried out. If the house is property that belongs only to the father-in-law's name, it needs to be disposed of in accordance with the provisions of the inheritance law.
<> kiss <>
With regard to the legal basis, Section 3 of Chapter 5 of Part II of the Civil Code stipulates that the management and disposition of the joint property of husband and wife shall be subject to consultation between the husband and wife. In addition, Article 11 of the Inheritance Law of the People's Republic of China stipulates that the disposal of inherited property provides:
The heirs shall have the right to inherit the estate, but shall not harm the legitimate rights and interests of the state, the Zen body or the person who destroys the Qingzi. <>
<> kiss <> additionally
It should be noted that if the property to be disposed of only belongs to the father-in-law, then the mother-in-law, as one of the heirs of the bereaved brother's property, needs to be dealt with in accordance with the provisions of the Inheritance Law. When dealing with it, it is necessary to take into account the rights and interests of other heirs, such as the father-in-law's children.
At the same time, it is necessary to pay attention to the payment of relevant taxes and fees when dealing with the estate to avoid unnecessary economic losses. <>
<> kiss, is there anything else you don't understand? You can tell me more about your situation, and I can answer for you<>
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