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If you want to support your parents, your children will also have a share.
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If it is joint property, the spouse can share half of himself, and then divide half equally with the children, and if it is the property of the man, the property will be divided equally between the spouse and the children.
Inheritance Law of the People's Republic of China
Article 10 The inheritance of the estate shall be in the following order: First order: spouse, children, parents.
Article 13 Distribution of Inheritance 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.
Article 26 Unless otherwise agreed, if the jointly owned property acquired by the husband and wife during the existence of the marital relationship is divided, half of the jointly owned property shall first 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.
Marriage Law of the People's Republic of China
Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:
1) Wages and bonuses;
2) the income from production and operation;
3) income from intellectual property rights;
4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
5) Other property that shall be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
Extended Materials. Loss of inheritance rights:
Inheritance Law of the People's Republic of China
Article 7 The heirs shall lose the right of inheritance if they have any of the following acts:
1) Intentionally killing the decedent;
2) Killing other heirs for the purpose of competing for an inheritance;
3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious; (4) Forging, altering, or destroying a will, where the circumstances are serious.
Scope of Civic Heritage:
Inheritance Law of the People's Republic of China
Article 3 Inheritance is the personal lawful property left by a citizen when he or she dies, including:
a) the income of citizens;
2) Citizens' houses, savings and daily necessities;
3) Citizens' forests, livestock, and poultry;
4) Citizens' cultural relics, library materials;
5) the means of production that are permitted by law to be owned by citizens;
6) Property rights in citizens' copyrights and patent rights;
7) Other lawful property of citizens.
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Although the house was purchased by the man's parents, since the name of the son's daughter-in-law is written on the real estate certificate, it should be regarded as a gift to the son's daughter-in-law.
According to Article 1062 of the Civil Code, "the following property acquired by the husband and wife during the existence of the marital 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", and the house is the joint property of the son and daughter-in-law. Unless otherwise agreed, each person has 50% ownership.
In the event of a divorce, the son and daughter-in-law have equal rights to deal with it.
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It should be divided evenly. The husband's parents contributed most of the money, but it was registered in the name of the son and daughter-in-law, so the house belonged to the joint property of the son and daughter-in-law. In the event of a divorce, if there is no fault, the joint property should be divided equally.
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If the name of the son and daughter-in-law is written on the real estate certificate, it means that the property rights of the house belong to the young couple in the legal sense. If the property is divided, the son and daughter-in-law will each divide 50% of the value of the floor.
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The names of the son and daughter-in-law are registered on the property right of the house, and the nature of the house belongs to the husband and wife, and the property can be divided when the husband and wife divorce, in principle, half of the house.
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If the man's parents specially wrote a certificate stating that the house was purchased jointly by the son and the daughter-in-law, then the house will be divided equally between the two people. If the man's parents do not have such a statement, it is not the key that the name of the son's daughter-in-law is written on the real estate certificate, and the proportion of the money paid by the parents belongs to the son. It has been a long time since the new marriage law was released, and I didn't expect that there would still be people answering questions according to the name on the real estate certificate.
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The ownership of the property purchased after marriage is defined, and the new marriage law stipulates that it is defined by capital **. That is, it is not based on the registered name. Then the ownership of the purchase by the husband belongs to the man.
Before the new marriage law, the purchase after marriage belongs to the joint property of the paying husband and wife, but the contribution is made by the man's parents, which is a gift in law, so as long as the proof of capital contribution can be provided to support the funds**, the gift can be revoked. Therefore, there are many ways to circumvent the woman's ability to obtain real estate ownership by registering her name.
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When dividing the property, whose name on the real estate certificate does not seem to matter, just like the name of the person must be a symbol, someone to handle relevant affairs comes forward, is the legal representative, does not represent the property under the name, the important thing is who contributes to the purchase of the house, according to the share of the capital contribution to divide the property, the court will have a way to provide reasonable distribution opinions, of course, you can also negotiate within the family.
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How to say it, if the man buys the house, the real estate certificate writes the woman's name, if the woman files for divorce, then the woman has to give up the property, if the man files for divorce, then the man has to give the woman the property, mainly to see who the wrong party is, but also depends on how long the married life is, not more than three years The woman is mostly unable to share the property.
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The house purchased by the man's parents, and the name of the son's daughter-in-law written on the real estate deed. Then the house belongs to the son's daughter-in-law, and the right to dispose of it also belongs to the son's daughter-in-law. Unless you go to the notary office to notarize before buying a house, the property right of the house belongs to the son, and the daughter-in-law only has the right of residence during the marriage, and the right of residence is dissolved after the divorce.
In this way, the daughter-in-law does not have the right to divide the house after the divorce. If there is no notarization, the house is the joint property of the husband and wife.
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The new marriage law stipulates. The man took out the money to buy the house and the man paid it all. It doesn't matter whose name is written on the title deed. In the event of a divorce, the title goes to the husband. In the past, no matter who paid the money, the name of the young couple was written on the real estate certificate, which was the joint property of the young husband and wife, and the young husband and wife were half each.
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The real estate certificate is written in the names of the son and daughter-in-law, so the property right belongs to both of them. In the event of a divorce, the house will be divided by the husband and wife, and the in-laws can only get back the money they originally rented out and bought the house.
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As long as the name of the son's daughter-in-law is written on the real estate certificate, even if the man's parents contributed to buy the house, the parents can only be regarded as the investors of the house, and the parents of the house do not have any property rights, and the house belongs to the son and daughter-in-law.
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Although it is the house purchased by the man's parents, whose name is on the real estate certificate is whose legal property, legally speaking, the parents have no right to divide the property, and the property belongs to the young couple.
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Who contributes benefits from it. The man's parents contributed to the purchase of the house, and the property belonged to the man, that is, the pre-marital property, and the man's parents had the right to take it back even if the name of the daughter-in-law was written.
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Although the parents funded the purchase of the house, the name of the son and daughter-in-law on the real estate certificate is the son and daughter-in-law, which is the joint property of the son and daughter-in-law, and the son and daughter-in-law have a share in the division of property.
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If there is a proof that the part of the money contributed by the parents-in-law can be asked to be returned, but it has been married for ten years, and in the end it can only be regarded as joint property, which can only be divided equally between the two parties, I hope it can help you!
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The name of the son, daughter-in-law, and son is written on the real estate certificate, that is, the joint property of the husband and wife, and the parents contributed the capital, which is also voluntarily given to the son and daughter-in-law.
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The house that the parents paid for has a contract and an invoice, and the house should be the parents' own. You can consult a lawyer to find out what to do.
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In fact, you don't have to think about it, forget about the benefits, they are happy, and the day when the property is not divided, it is yours and will always be yours, not you, God will not help you.
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The name of the son and daughter-in-law is written on the real estate certificate, then the suite belongs to the joint property of the husband and wife, and if the divorce divides the property, the son and the daughter-in-law divide half of the property.
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In my opinion, this situation should be an increase in the number of sons and daughters-in-law, and that the husband and wife should be jointly owned, and each should account for 50 per cent.
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It is possible to add the name of the parents on the title deed. Adding someone else's name to the title deed actually adds co-owners of the house legally speaking. From the perspective of laws and regulations, there are three ways to increase the co-owner of a house, namely, property registration, sale and purchase of house, or real estate gift.
And adding the name of the parents on the real estate deed has two methods: house gift and sale. Separation of property registration. Separation of property registration is a method used between husband and wife to increase the co-owners of the house, and of the three methods mentioned above, only this one is the method that can be applied to the spouses of the husband and wife to increase the co-owners of the house.
The process is after the notary department has gone through the notarization procedures for property analysis, and the procedures for handling it at the finance and taxation department are called tax payment (or tax exemption) procedures, and then it is to go to the surveying and mapping department of the housing authority to obtain the surveying and mapping drawings issued, and after completing the above process, there is the last step, which is to bring the real estate registration application, the tax payment (or tax exemption) certificate issued before, the husband and wife property analysis agreement, the surveying and mapping drawings of the surveying and mapping department, and the real estate certificate, ID card and other materials to the relevant departments of the housing management bureau for property analysis registration. Buying and selling homes. Suppose the owner of the house, Liu, wants to add his parents' names to his real estate certificate, then he can choose to sell part of the property rights of the house to his parents.
Liu Moumou and his parents can apply for real estate right transfer registration with the real estate transfer registration application, real estate sales contract, surveying and mapping drawings issued by the real estate surveying and mapping department, the original real estate right certificate, identity certificate burning trace search and other materials, and add Liu's parents as co-owners of the house. If the information is complete, the Municipal Land and Housing Management Bureau can issue the real estate title certificate within 10 to 15 working days. Finally, we will introduce you to the method of gifting.
By adding the name of your parents to the real estate deed, you can donate part of the property to your parents. First of all, go through the notary notary department's gift notarization of the house, go through the tax payment (or tax exemption) procedures at the finance and taxation department, eat the surveying and mapping drawings, ID cards, notarial deeds, real estate registration applications, tax payment (or tax exemption) certificates, real estate certificates, gift notarial certificates, identity certificates, and apply for gifts to the housing authority, so that you can add your parents as co-owners of the house.
Article 1062 of the Civil Code stipulates that the following property acquired by a husband and wife during the existence of a marital 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.
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The house belongs to the man because of this pre-marital property.
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1) The man's parents contributed to the purchase of the house, and if the house was purchased before marriage, the property belonged to the son, and the parents only gave the house to the son.
If the daughter-in-law adds her name after marriage, legally speaking: the daughter-in-law can share 1 2 of the total price of the property, but if the man's parents ask for it.
If the gift money is returned, the son's daughter-in-law should refund the money given to the son by the parents.
2) If the son or daughter-in-law buys a house after marriage, the house should belong to the joint property of the husband and wife, although the man's parents jointly contributed to the purchase of the house, such as.
If the property is divided, the son and daughter-in-law each get 1 2 real estate, and the man's parents cannot claim back the money they have contributed.
3) The man's parents contributed to the purchase of the house and the purchase of the house before the man's marriage, and the parents came up with a down payment, which is about the total price of the house.
1 10, the parents also made an agreement: "If the son divorces, the parents must return the 1 10 property to the parents", then in the division.
When it comes to property, you must first give 1 10 of the property to your parents, and the rest will be divided according to the relevant provisions of the Marriage Law.
4) If the daughter-in-law pays the money after marriage and the man's parents buy the house together, the name of the son and daughter-in-law is written on the real estate certificate, and the house is divided.
At the time of birth, the property shall be 1 2 for each son and 1 2 for his daughter-in-law.
The above is a personal opinion for reference.
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Whoever buys a house with the help of the man's parents and the name of the son and daughter-in-law is written on the real estate certificate, this is divided into three parts, and the parents, son, and daughter-in-law are all entitled to share the property.
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If the man's parents pay to buy the house, although the name of the son and daughter-in-law is written on the real estate certificate, the property should also be owned by the man.
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This can be just before marriage! Even if they are separated, they are decided by the court! Because the woman also has a step to invest! But having been married for more than 3 years is the joint division of the two of them!
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