The mother bought a house for her children, the parents divorced, and the father wanted the property back on the grounds that he didn't know, okay?

1. Transferring the house to the children is a gift. This gift behavior is not a single gift behavior, but a behavior that combines the interests and emotions of the recipient's parents on a series of issues such as the dissolution of marriage and ownership. It is a special gift behavior based on the dissolution of the husband-wife relationship of the children's parents. Since it is a gift with status, the second paragraph of Article 186 of the Contract Law does not apply to the provision of revoking the gift without authorization.

2. Even if both parties fail to handle the transfer formalities in time according to the divorce agreement and transfer the property to the child's name, they cannot exercise the cancellation right according to the Contract Law. Article 8 of Judicial Interpretation II of Marriage Law stipulates that the provisions on property division in the divorce agreement are legally binding on both parties. If both parties renege on the issue of property division and request to change or terminate the property division agreement, they will not support it if no fraud or coercion is found. According to this provision, if the divorce agreement has made it clear that the house belongs to the children, as long as there are no illegal situations such as fraud and coercion, it is the true intention of both parties and has legal effect and is irrevocable. The legal provisions of the property law on property rights are mainly aimed at making the changes of property rights generate public trust through registration and protecting the security of social transactions. After divorce, the agreement in the divorce agreement that one party goes back on his word and transfers the property to his children does not involve the protection of the third party. Therefore, its estoppel claim cannot be supported.

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My parents remarried, my father was my stepfather, and my stepfather had a son who was married. My mother took me and them to form the present family. After the mother and stepfather got married, they got a house. My stepfather, my mother and stepfather's son are named on the property certificate. If the mother and stepfather divorce, how will the property be distributed?

The house belongs to the joint property of the three parties, and the share of the stepfather's son is inseparable when divorced.

Immediately asked Wang Jian and other nine lawyers have answered.

Parents are divorced, children follow their fathers, and mothers are buying houses. After the family is formed, will it be shared equally with the stepfather's two children?

If the deceased leaves no will, all the first-line heirs, that is, spouses, parents and children, have the right to inherit. If all the heirs in the first order agree that one of them will inherit all the inheritance, he can go to the notary office for notarization of inheritance, and this person can also sue the court for inheritance. If any successor in the first order has any objection to the estate, or can't produce the certification materials required by the notary office, the successor in the first order may bring a lawsuit to the court to divide the estate.

Immediately, six lawyers, including Dong Yi, answered questions.

I am a family reorganized by my parents, with my stepfather and his own daughter, my mother and I, and the two existing demolition houses are jointly owned by * * *. The existing stepfather intends to buy me a suite in full, and two demolition houses for his daughter. His parents will move out, and his daughter, his mother and I will live separately. I would like to ask, in this case, will there be any danger of getting the house back in the future?

If there is a certain risk, a family property agreement can be concluded to avoid the risk.

Wu Dongliang was immediately asked, and five other lawyers answered.

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Hot issues this week's heat TOP 1

After his father died, his mother remarried with his stepfather. Now I am an adult. They got married and bought me a house, but I didn't have a job, and my mother paid me back the mortgage. The name of the house is me. Will the stepfather's biological children have the right to divide the property in the future? How can we really own a house? Urgent?

Inheritance: According to Article 5 of the Inheritance Law, after the inheritance begins, it shall be handled according to legal inheritance; If there is a will, it shall be inherited or bequeathed according to the will; If there is a legacy support agreement, it shall be handled in accordance with the agreement. If there is no will, then inheritance should be handled in accordance with legal inheritance. According to Article 10 of the Inheritance Law, the order of inheritance is: the first order: spouse, children and parents. The second order: brothers and sisters, grandparents, grandparents. After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit. If there is no successor in the first order, it is inherited by the successor in the second order. According to Article 13 of the Inheritance Law, the share of heirs in the same order should generally be equal. When distributing the inheritance, we should take care of the heirs who have special difficulties and lack the ability to work. Heirs who have made major support obligations to the decedent or lived together with the decedent can get more points in the distribution of the estate. If an heir who has the ability and conditions to support fails to perform the obligation of support, he shall not divide or divide the estate. If the heirs agree through consultation, they may also be unequal.

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