For those who are building or buying some houses, the minute allotment of the house behind them means millions of inheritance.
After death sudden death dispute,
Its about housing.
Mr. King (not his real name) died suddenly in his business, leaving behind orphans and widows, and because of his sudden departure, his hidden secret - to buy a house in the name of an extramarital lover was known to his family.
On the distribution of his estate,
Every family has their own disputes.
The main problems are as follows:
1. how can we recover the house bought in the name of invisible man?
2. He and his wife purchased a wedding house, at that time only wrote the name of the woman, and later he hoped to add the name, coordination with his wife failed. In addition to his wife and son and daughter, there are old fathers in the countryside, and relatives in the countryside are worried that the property will be disposed of by his wife. How to deal with the situation of the property owners death?
Reporters consulted lawyers on two issues facing Mr. Kims family and sought legal advice on how to prevent such problems.
Lawyers advise young people to make pre-marital property arrangements or safety paper (wills) in advance in response to sudden changes. Professionals also provide professional advice on Inheritance and sale of housing heritage.
The invisible common housing can only recover the principal.
Inheritance can be divided by litigation.
During the duration of husband and wife relationship, the common property of husband and wife is an indivisible whole. (text and text independent)
Lawyers told reporters that the name of the invisible person to buy a house, the spouse can damage the legitimate rights and interests of the common people as a reason to the court to claim the return of the purchase; in the duration of the relationship between husband and wife, the joint property of husband and wife is an integral whole, not because of daily life needs to make important decisions on the joint property of husband and wife. The husband and wife should agree with each other.
Without the consent of his spouse, Mr. Jin used the joint property of the husband and wife to buy houses in the name of invisible person, which seriously damaged his spouses property rights and interests, and invisible person should return the unlawful property.
According to lawyers analysis, according to the property law, the house is registered under another persons name, Mr. Jins widow can only recover money misappropriated by Mr. Jin to buy a house for others, can not share the results of the property market value-added.
If Mr. Kims hidden common house is a married house purchased after marriage, although registered in the name of the woman, it still belongs to the joint property of the husband and wife. After Mr. Kims death, 1/2 of the house belongs to Mr. Kims legacy, inherited equally by the sons, daughters, wives and fathers, and each inherits 1/4 of Mr. Kims legacy. Father actually owns the 1/8 share of the real estate.
One of the legal knowledge of housing is:
How to make a prenuptial agreement and safe paper?
Citizens are unexpectedly frequent, regardless of wealth or small savings, everyone wants to be able to take care of the people around them, so prenuptial property agreements are becoming more and more common, Ping An Paper is no longer the patent for the elderly.
Lawyers have also offered legal advice on pre-marital property agreements or safety paper for some young people over the years. The premarital property agreements she dealt with generally involves property and equity disposal. As for the pre-marital property agreement, lawyers said that the agreement can be agreed on the content of pre-marital property and post-marital property of their respective income to their respective ownership or part of their own ownership, part of the joint ownership.
The signing of prenuptial property agreement must be in written form.
The lawyer reminded us that we should pay attention to the following questions when signing a prenuptial agreement.
(1) the signing of prenuptial property agreements must be in written form.
(2) The scope of pre-marital property should be clearly defined in the pre-marital property agreement, generally including pre-marital deposits, real estate, cars, other valuables, etc.
(three) in the agreement, we should make clear the proportion of premarital property sharing after marriage.
(four) property description should be clear.
Lawyers told reporters that, in practice, because the property description is not clear and ultimately lead to the conclusion of the agreement is not clear and not confirmed in a few cases. For example, the description of real estate, many parties in the pre-marital property agreement, for one partys pre-marital property is just written a certain residential area of the house owned by both sides, the correct description should be located in a city (county) XX Street XX property by both sides.
Marriage law and its judicial interpretation, although there are provisions on real estate, but also need to be agreed in advance, the agreement between the two parties can be dealt with in full accordance with the will of the parties themselves, can be agreed to one partys pre-marital property to the other partys ownership, can also be agreed to the property after marriage to a partys separate ownership, and so on, the parties. There is no agreement between the property and the agreed property. As for the conclusion of Ping An Paper, the lawyer suggested that the owner could clearly state on the Ping An Paper that his share in XXXX property should be inherited by XX.
Legal knowledge of housing two:
How to inherit housing heritage?
Professionals say there are two ways to inherit property right from property owners.
One is that the successor directly goes to the real estate registration center to handle property inheritance without intermediate fees.
Another way is to go to the notary office for inheritance notarization, and then to the real estate registration center for housing inheritance, the cost is about 1.6% - 1.8% of the housing evaluation. Liang Wenyao said that after the death of the property owner, he went directly to the real estate registration center for housing inheritance, suitable for the situation of clear succession order and no dispute, the successor prepared death certificate, identity card copy (the identity of the deceased), marriage certificate, street or the original unit issued by the family certificate, parents, spouses. The children (ID card and household registration book), real estate certificate, registration form and other information, you can go directly to the real estate registration center can be dealt with.
If the order of inheritance is more complicated and the successors are scattered everywhere, it is suitable for the notary office to handle the inheritance notarization. The notary office will establish the inheritance and distribution of the inheritance on the relatives of the deceased. Those who can not go to handle the inheritance of real estate can also handle the entrusted notarization together with the notary office. The notarys notarization for the inheritance of such inheritance is received and directed at the notary office at the scene.
If the heir inherits less than 50% of the house, it will not be included in the limited number of units, and will not be affected by the future housing restriction policy. For example, if a house is inherited by two people, and each has a set and two sets of properties under two names, suppose that there is one set under the name of A and two sets under the name of B, they can each get 50% share of the property according to the order of inheritance. The two people had better negotiate, A gets 49% share, B gets 51% share. In the future, As family wants to buy a house, and the familys number is not affected by the 49% share of the housing stock.
Legal knowledge of housing three:
Taking over the invisible common housing
Will there be any trouble?
Industry insiders told reporters, for Mr. Jins case, the real estate registration center on the invisible co-ownership there are two ways to deal with.
For the first-hand housing reform, the sale must be signed by the spouse before, regardless of whether the spouse in the property certificate name.
For commercial housing, the principle of real right registration is followed, and whoever owns it has the right to dispose of it. There is no need to provide spouse information when delivery. When such houses are sold, most banks need the owners spouse to sign the mortgage contract in order to prevent disputes over the hidden co-ownership unilateral sale. Buyers may buy hidden co-ownership houses without paying attention. Even if there are disputes between the original owners in the future, as long as the new buyer is recognized as a bona fide third party, property rights will not change because of the lawsuit, but he suggests that both parties should make a true offer so as not to be considered as inferior to the market price in the future. It is a bona fide third party. The house is re-issued through inheritance, and the word inheritance is written in the property source column of the real estate certificate. Most buyers will not be particularly taboo about the origin of inherited houses, some of the lookouts will ask the source of the house, there will be an initiative to inform the representative. He suggests that people who are taboo about the origin of their houses can go to police stations, administrative offices or neighborhoods or security offices for inquiries. Source: Dayang - Guangzhou daily editor: Gu Ying _NN6577
For commercial housing, the principle of real right registration is followed, and whoever owns it has the right to dispose of it. There is no need to provide spouse information when delivery. When such houses are sold, most banks need the owners spouse to sign the mortgage contract in order to prevent disputes over the hidden co-ownership unilateral sale.
Buyers may buy hidden co-ownership houses without paying attention. Even if there are disputes between the original owners in the future, as long as the new buyer is recognized as a bona fide third party, property rights will not change because of the lawsuit, but he suggests that both parties should make a true offer so as not to be considered as inferior to the market price in the future. It is a bona fide third party.
The house is re-issued through inheritance, and the word inheritance is written in the property source column of the real estate certificate. Most buyers will not be particularly taboo about the origin of inherited houses, some of the lookouts will ask the source of the house, there will be an initiative to inform the representative. He suggests that people who are taboo about the origin of their houses can go to police stations, administrative offices or neighborhoods or security offices for inquiries.