Does the compensation for inherited house demolition belong to both husband and wife? How to divide the property?
Ms. Luo and Mr. Xiao have been married for 10 years and are getting divorced. Just at this time, the bungalow where the two sides live together needs to be demolished. This bungalow was originally owned by Xiao Jianhua's father, Xiao Lao. Although Xiao Lao has been dead for many years, he left no will. Xiao Lao's name is also written on the property certificate. After seeing the demolition announcement, Ms. Luo hoped to go through the divorce procedure after dividing the compensation for demolition, but Mr. Xiao was anxious to go through the divorce procedure before the demolition began, and disagreed with Ms. Luo's request to divide the compensation. The real estate lawyer replied: Whether Ms. Luo Can can get the compensation for demolition depends on whether she enjoys the share of the property rights of the demolished houses. In this case, the owner of the bungalow is still registered as Xiao Lao. This shows that the inheritance has not been divided. Since he died without a will, this property should be inherited by Mr. Xiao as the legal heir. Therefore, this case can draw the following two conclusions from whether the old man died before or after the husband and wife got married: First, if the old man died before the husband and wife got married, according to the provisions of the new marriage law, Mr. Xiao's share of the estate belongs to his personal pre-marital property. Ms. Luo does not enjoy the share of real estate, so she is not entitled to compensation. Secondly, if the old man dies after the husband and wife get married, the property inherited by Mr. Xiao belongs to the husband-wife relationship and is the common property of the husband and wife. Therefore, Ms. Luo is entitled to compensation for demolition. According to the Regulations on the Management of Urban House Demolition, the demolished person can get compensation for the demolition, and the demolished person refers to the owner of the house. In the case of the death of the owner of the house, the house shall be inherited according to the will support agreement or will. If there is no will, it shall be handled according to legal inheritance, and the legal heir shall inherit it. If the heir obtains the decedent's real estate before marriage, the heir's spouse has no right to share the house demolition funds when the house is demolished.