First, how to identify the owner of rural housing?
According to the law of our country, the owner of rural houses must meet two conditions: first, the user of homestead; The second is the builder of the house.
1, on the right to use the homestead
According to China's laws, regulations and policies, the subjects who are qualified to obtain the right to use the homestead should be members of collective economic organizations, and non-collective economic organizations have no right to obtain the right to use the homestead; Moreover, China implements? One household and one house? Under the system, the homestead is allocated by households.
Therefore, the application for homestead is based on households. After the approval of the homestead, members of the family who have the household registration of the collective economic organization enjoy the same rights to the homestead they apply for, and they are all users of the homestead.
2. About the builder of the house
There are two kinds of housing construction, one is to build with the help of family members, that is, to build houses by oneself with their own skills and physical strength; The other is funded construction, that is, family members invest to buy materials and hire others to build them. That is to say, whether it is funded construction or contributed construction, it can be counted as the builder of the house, but in real life, these two construction methods may overlap, that is, there are both contributions and contributions.
Special reminder: China implements the real estate registration system, and whoever owns the property right certificate will own the house ownership. In rural areas, there are still many houses without property certificates, so it is recommended to go to the local real estate registration center as soon as possible.
Second, parents contribute to the construction of rural housing, and their children are * * * Anyone?
As can be seen from the above, the identification of rural housing owners needs to meet two conditions.
If the first condition has been met, it depends on whether the second condition has been met. If, when applying for building a house, the children have earned income through their own labor and used it for family life, or used their own labor as the labor input for building a house, they can be identified as the co-owners of the house; Otherwise, the ownership of the house belongs to the parents and the children have no copies.
That is to say, under normal circumstances, the right to use the rural homestead and the ownership of the above-ground house belong to family members, except minors (because minors are unable to contribute or contribute).
case sharing
Zhang (male) and Song (female) registered marriage and gave birth to a son, Zhang Moumou. 1September 1993, Zhang personally applied to the local government for the renovation of the house, and was approved. The decoration description says that the applicant is Zhang, and the people who live together are Song and Zhang Xiaomou. The following year, after the decorated house was completed, a family of three lived in the decorated house all the time.
20 10 Zhang Xiaomou married Wang, and Zhang Xiaomou lived with his parents after marriage. However, due to frequent friction between the two sides in daily trivial matters, the relationship between Zhang Xiaomou and Zhang has become increasingly tense.
On 20 17, Zhang Xiaomou proposed to separate from Zhang and asked for the distribution of real estate. Zhang refused Zhang Moumou's request for a share of the property on the grounds that the house was built by himself and had nothing to do with Zhang Moumou, and ordered Zhang Moumou to move out of the house he built within six months. Subsequently, Zhang Xiaomou sued the matter to the court, claiming that the house involved was owned by his family and his parents and demanded that part of the property rights of the house be owned by him.
During the trial, Zhang and his wife argued that when the house involved was built, Zhang Xiaomou was not yet an adult and neither worked nor contributed. Therefore, he advocates that the property rights on the houses involved should be owned by himself, which has nothing to do with Zhang Xiaomou.
After trial, the court held that the house involved was built by Zhang and his wife, and Zhang Xiaoxiao was underage. Based on this, it is determined that Zhang Xiaomou does not enjoy the share of property rights in the house involved, and Zhang Xiaomou's claim is rejected.