1. A friend thinks that this apartment was purchased by both husband and wife after marriage, and neither parent helped them to buy this property, so this property should belong to her and her daughter, but it cannot be carried out according to the friend's idea when going through the inheritance procedures;
According to the inheritance law, 50% of the property owned by a friend still belongs to her friend, but belongs to her husband, and 50% needs her, their daughter and her husband's parents to inherit in proportion. If my friend wants to get all the property rights, other legal heirs must give up inheritance;
3. In-laws' point of view: My friend's in-laws think that this suite is really for husband and wife, and no one will send their white-haired people to send their black-haired people to retirement. My friend is still very young and over 40 years old, and they can't ask my friend not to remarry. The law stipulates that they should inherit, that is to say, their son can fulfill the responsibility of not supporting, but they have a pension and a place to scrimp and save. They agreed to give up the part belonging to the two old people, but they did not accept it.
4. The final plan: the friend inherits the share of the last house in her husband's name 12.5%, plus her original 50%, accounting for 62.5% and her daughter accounting for 37.5%. Everyone is very happy.
There are many such cases in real life. Both husband and wife have accumulated certain assets in the process of trying to run a family, hoping to support their parents, but assets can be passed on to small families. Because there is not enough explanation of inheritance law, or because they have never thought of accidents, few people make wills. In the event of an accident, the inheritance can only be legally inherited, which is slightly different from the previous two ideas and can only be resolved through consultation with the heirs.
There is only one way to solve this matter: write a will and change it according to different circumstances. The last inheritance can only be based on the last will.
Of course not, for the following reasons.
According to the provisions of the Property Law, under normal circumstances, the ownership registered on the real estate license is the proof of the ownership of the house. In case of conflict between the real estate license and the real estate register of the real estate registration agency, the ownership status recorded in the real estate register shall prevail.
The name of husband and wife is written on the real estate license, which proves that the property right of this house belongs to * * *, not one of them. * * * You are divided into * * * you and * * * you and * * *. In the case of registration in the name of husband and wife, based on the marriage relationship, it should belong to * * * you and * * *, and each person's share will not be recorded in the real estate license. Under normal circumstances, it will be considered that both husband and wife have 50% share.
Now that the man is dead, can the woman take over the house directly? This question depends on the situation. If the man left a legal and valid will before his death, saying that he would hand over all his shares to the woman for inheritance after his death, then the woman has the right to take over the house directly. As for the specific need to receive by notarization or litigation, it depends on the specific provisions of the location.
However, if the man did not leave a will before his death or the will left is invalid, it shall be handled according to legal inheritance. According to the law, the woman is the first heir and must have the right to inherit. If the man's parents are dead and there are no children when he dies, then the house can also be completely taken over by the woman, because the woman is the only first heir. If the man has parents or children (including unborn fetus), then his parents and children are also the first successors and have the right to inherit.
For example, because 50% of the house itself belongs to the woman, the woman, the man's father, the man's mother and children inherit 50% of the man's share, and each person inherits one-eighth of the house. In the process of undifferentiated specific distribution, the actual situation of each heir will be considered, and the weak or incompetent heirs will be given special protection and more points will be given appropriately.
The name of the husband and wife is on the property certificate, indicating that this property is the same property of the husband and wife. Is it natural and logical for a husband to become the property of his spouse after his death? Can the wife take over the house? This may be the idea of many people.
This idea is wrong. Although the property is the joint property of husband and wife, after Mr. Wang's death, his property will be turned into inheritance. Mr. Wang's inheritance cannot be inherited by only one spouse. Only according to the provisions of the Inheritance Law can he legally own the legacy left by Mr. Wang through the inheritance procedure.
The real estate certificate that determines the heir and inheritance share is the name of the husband and wife, that is, the same property during the marriage of the husband and wife. There is no special agreement, 50% for both husband and wife; After Mr. Wang's death, 50% owned by Mr. Wang shall be acquired by the legal heir through inheritance.
According to the provisions of the inheritance law, there are first-order heirs and second-order heirs, and the most important one here is the first heir, including parents, spouses and children.
In other words, both husband and wife own the same property, each accounting for 50%, and you own your own 50%; After Mr. Wang's death, 50% of Mr. Wang's property should be inherited by his spouse, living parents and their children, not by you alone.
If both parents are alive, the husband and wife have one child and four heirs, 50% of Mr. Wang's estate should be inherited by these four people, and the share of inheritance should be equal.
After going through the inheritance procedures to determine the heir and inheritance share, it is necessary to go through the inheritance procedures. There are generally two ways to handle inheritance procedures:
One way is notarized inheritance, with the husband's death certificate, the heir's household registration book, ID card and immovable property certificate notarized at the local county or municipal notary office to determine the legal heir and the inherited property share.
Another kind of inheritance is litigation inheritance. If there are inheritance differences between heirs, for example, you think that parents have no right to inherit Mr. Wang's estate for some reason, then in this case, the legal heir and inheritance share must be determined through court proceedings.
After the court finally determines the legal heir and inheritance share according to the legal heir, it issues an award, which is legal inheritance evidence.
After notarization or litigation to determine the legal heir and inheritance share, the title certificate should be renamed.
Bring notarial certificate, court ruling and property right certificate, all heirs' ID cards, household registration books, marriage certificates and so on. , and directly to the real estate registration center where the real estate is located to replace the new real estate title certificate. After the name change is completed, the successor (the new property owner) can freely dispose of and dispose of the inherited property.
From the above analysis,
The real estate license is the name of the husband and wife. Now that the husband is dead, the wife can't take over the house directly. She must go through the formalities of inheritance and legal inheritance before she can take over the house.
The order of inheritance is that parents, children and spouses have the right to inherit, and the share of inheritance is equal.
Of course, this is also my personal opinion, for reference only. Welcome everyone to leave a message on this issue below, express their views and opinions, and exchange and learn from each other.
The real estate license is the name of the husband and wife. Now that the husband is dead, can the wife take over the house directly? This may be a concern of many people.
If the real estate license is the name of both husband and wife, if the husband dies first, the wife cannot directly take over the house (referring to registering the real estate license directly in the wife's own name). The real estate license is registered in the name of husband and wife, which means that husband and wife have property.
If the husband dies, the property shall be divided first; If the share ratio of husband and wife is clearly written on the real estate license, the house belongs to * * * and should be divided according to the share ratio; If the share ratio is not clearly stated, only that * * * is owned by * * * (this is a common situation), then the house is owned by husband and wife * * * and * * * and should be shared equally.
Assuming that the property in this article is jointly owned by husband and wife, 50% of the property belongs to the wife and 50% to the husband's estate.
If Mr. Wang has a will, he will inherit and distribute according to the will; If Mr. Wang does not leave a will, his estate will be inherited by his legal heirs (parents, husband and wife, children).
If the wife wants to transfer the house to herself, she needs two methods.
First, the notarization of inheritance rights. If all heirs agree that the house is inherited by the wife alone, it can be notarized in the form of inheritance right, which is relatively simple (but in order to prevent geographical differences, it is recommended to consult the house registration authority where the house is located in advance to accept notarization of inheritance right).
This requires all the first-in-line heirs to go to the notary office where the house is located to handle the certificate of inheritance: if others agree to give up all the inheritance rights, the house can be inherited by the wife alone.
A wife holding the original notarial deed of inheritance and other materials can go through the house transfer formalities at the house registration authority where the house is located.
Second, inheritance litigation. The wife can also choose to sue all the first heirs to the court and ask one person to inherit the house.
At this time, two situations may occur:
In the case that other people agree to give up the right of inheritance, the judge can issue a conciliation statement to confirm that the house is inherited by the wife alone.
The wife can apply to the court for assistance in handling the house transfer procedures (the situation may be different in different places, some places can handle it directly with the mediation document, and some places need the wife to apply to the court for enforcement, and the enforcement judge will assist in handling the house transfer procedures).
In this case, because the wife holds a large share of the house, the court is likely to decide that the house belongs to the wife, and then the wife will make economic compensation to others according to the assessed price of the house and the share that others should enjoy.
Suggestion: In any case, if it can be resolved through consultation, it should be resolved through consultation as much as possible. It's nothing more than some economic compensation. If one side gives less points and the other side gives more points, it will be solved. Once in court, be sarcastic. It is relatives who can go to court in succession litigation; It' s already very sad to die of a loved one, but the family is still there; Don't hurt the harmony between family members for that little thing. The real estate license is the name of the husband and wife. In principle, the house is shared by husband and wife. Then, when the husband dies, does the property directly belong to the wife? What procedures do I need to go through if I want to transfer my ownership? Below, I will give you a brief introduction.
The wife is not the only heir. If the husband's parents were alive when he died, or both husband and wife had children, and he didn't make a will and only let his wife inherit the inheritance, then the house that belongs to him is his inheritance. According to the rules of legal inheritance, it is inherited by the wife, parents and children of the first heir.
According to the above inheritance method, the wife finally gets the share of 1/2+ 1/8 = 5/8, and the husband, parents and children each get the share of 1/8.
Therefore, in this case, the property does not belong to the wife personally, but belongs to her, her husband's parents and children.
The wife is the only heir. If the parents are long gone when the man dies, the husband and wife have no children, or the husband has a will to let his wife inherit the inheritance alone, then the house belongs to the wife alone.
It is worth noting that the change of real estate rights due to inheritance takes effect without registration, that is, when the husband dies, the house automatically belongs to the wife, and there is no need to go to the real estate registration management department to register the change.
However, if the wife does not register the change, although she enjoys the ownership of the house, she can freely possess, use and benefit, but she has no complete right to dispose of it, such as transferring it to others. If the wife wants to dispose of the house, she needs to go to the real estate registration center for transfer. Generally, you need to bring household registration certificate, identity certificate, husband's death certificate and marriage certificate.
Hello!
You can't. Never have such a misunderstanding. Even if the husband only has his wife as heir, the wife can't take the house directly.
The core problem here is the problem of "inheritance"-inheritance, and there is no so-called "natural inheritance" or "direct inheritance" and its operability.
Husband and wife have joint property. If one party dies, why can't the other party inherit directly? No matter what you think about inheritance, what do you think "should" is, there is only one legal explanation:
The existing inheritance law, including the Civil Code to be implemented next year, clearly defines the scope of heirs:
Then, it also means that the wife is not necessarily the only legal heir to her husband's estate.
Even if the wife is designated as the heir by the will before her death, or there is only the wife among the first-order heirs, the wife cannot "directly accept the house"-this is a point criticized by the public in the process of inheritance: the wife must prove that she is the only legal heir.
Therefore, we have to "go back" again-to ask for the consent of other heirs, or to find various certificates that other heirs have passed away.
The most troublesome thing to inherit, in fact, the most troublesome thing to inherit, except the formalities, is "people." This has a lot to do with family structure.
If the family structure is simple
This "simplicity" means that the only heirs are spouses and children, and the parents of the previous generation are gone.
This kind of family structure is easier to handle: it is nothing more than the inheritance problem between wife and children, at least the property can't "run out" of its own family circle.
A troublesome family structure
If Mr. Wang's parents were still alive, the situation would be more complicated. There will be two results here:
If there is no agreement inheritance, it is impossible to inherit according to law, and there must be a share of children. If all of them are given to this party, all families with inheritance rights need to negotiate and agree.
Can take over the house
I don't understand why the word "receive" is used.
There may be several houses, but there is no actual living. Since the real estate license is in the name of husband and wife, one party dies and the other party does not "receive", why should others "receive"?
This house belongs to husband and wife * * * and * *, each holding 50% share. When a husband dies, 50% of the husband is an inheritance, and 50% of the wife is not. If you want to inherit, you will only inherit the husband's 50%. If your husband has no will, you will inherit it according to law.
If the husband's parents are still alive, the husband and wife have a son. The wife, the only son and the parents are the first heirs, and the four people divide 50% of the property.
In practice, we must first evaluate the market price of the house. Suppose this house is 1.20 square meters, and its value is1.20,600,000 wife = 750,000,1.50,000 only child,1.50,000 father-in-law,1.50,000 mother-in-law.
If the house is sold at 6.5438+0.2 million yuan, the above four people will receive 750,000 yuan, 6.5438+0.5 million yuan and 6.5438+0.5 million yuan respectively.
When the wife left the house, she gave it to her only son, her parents-in-law 1.5 million respectively.
If the in-laws give up their inheritance rights and the wife has a place to live, it is more appropriate to give this house to the only son as a wedding room in the future and rename it to the real estate registration center.
No way! Although it is the name of two people, the property right is only 50% of your own, and 50% of your husband is only a part of it, depending on the number of family members. If your parents-in-law are still alive, they are all involved. If everyone gives up inheriting to you, you have to pay the national real estate income tax to have the rest of the transfer share except your own income!
Since the reform and opening up, especially in the last 20 years, housing prices in China have soared like rockets. In some places, housing prices are insanely high.
In today's society, the house virtually tests family harmony, the relationship between husband and wife and the feelings of brothers and sisters.
The woman in Hangzhou was brutally killed by her husband, which reminds us of the two demolished houses.
Crazy housing prices have subverted our values, and the rapid development of housing prices affects the nerves of this society all the time.
Whenever I turn on the TV, I see the family conflict mediation programs broadcast by various TV stations. It is no exaggeration to say that 90% of them are about competing for real estate. This is also a helplessness.
Closer to home, let's say that the real estate license is under the name of husband and wife. If the husband dies, can the wife inherit directly?
Mr. Wang is deceased and has a house under the name of husband and wife. How to divide it? As long as the house is acquired after marriage, it is shared by husband and wife, unless there is a notarial certificate or will.
The house acquired after marriage, regardless of whether there are husband and wife's names on the real estate license, if the husband dies, then as a wife, he has no right to inherit all the property directly.
Mr. Wang is deceased, and the name of husband and wife is written on the real estate license. If the deceased husband left a will on the disposal plan of his own house share before his death, he should execute it according to the will first.
If the husband dies without leaving a will, the names of both husband and wife are written on the real estate license. First, look at whether the share ratio of both husband and wife is indicated on the real estate license and inherit according to the share ratio.
For example, this property certificate indicates that the wife accounts for 40% and the deceased husband accounts for 60%. Then 60% of the property rights of the deceased husband will be inherited by the following three first-order heirs.
Legacy of deceased husband's parents: 20%
Inheritance by the wife of the deceased husband: 20%
Inheritance right of children of deceased husband: 20%
If one of them is not alive, then 20% of this party's share will be shared equally by other heirs in the first order. And so on.
If Mr. Wang dies without a will, and the name of husband and wife is written on the property certificate, and the proportion of husband and wife is not indicated on the property certificate, the default proportion is 50%. The inheritance method is the same as above, and it is inherited by the successor in the first order.
When Mr. Wang died, his wife inherited it alone. If the wife of a deceased husband wants to inherit the property with the same name as her husband alone, she must first obtain the consent of other first-order heirs, and then all first-order heirs will attend the notary office to abstain from notarization, and unanimously agree that the wife of the deceased husband will inherit the property alone. Finally, the heir can go to the transaction department of real estate to analyze the property with the notarial certificate.
In addition, you can bring your wife to court and claim that you inherit the property alone. Other heirs give up inheritance. Then go through a mediation process, and the court can issue a civil mediation book.
The above can only be implemented if the wife inherits the property alone and the parties have no objection.
If there is any objection to the wife inheriting the property alone, then if the wife wants to inherit the property alone, she must bring a lawsuit to the court. The court decides the ultimate ownership of the property.
In most cases, the husband's death is inherited by the wife alone, and the other parties have no objection.
However, there are also a few heirs who raise objections. This kind of situation is very common to us. Life and death first, parents-in-law and daughter-in-law compete for real estate, or children compete for real estate with their mothers.
Usually, many of them are in a hurry, even in the news, TV and court.
The house has reached the top of the life interest chain and has become a topic that people must talk about every day.