A father and son asked a lawyer for advice about real estate. It turned out that father Chen spent his life savings and bought a wedding room for his son. Now, Chen Xiao is getting married, and her daughter-in-law has proposed to add her name to the real estate license. Lao Chen muttered: "In case the relationship between husband and wife changes in the future, or there is any accident, isn't this property to be divided?" Mr. Chen told Xiao Chen what he thought, and Xiao Chen felt that his father was worried too much. But Mr. Chen thought he was considerate, so he took Xiao Chen to consult early in the morning.
The lawyer told Lao Chen and his son that Lao Chen's worry was not impossible. Looking forward to analysis, if Xiao Chen's wife's name is added to the property ownership certificate, then this property is half of Xiao Chen's. In case of divorce, Xiao Chen's wife has the right to share half of the property. In this regard, Xiao Chen said that his father's name can be added to the property certificate.
"If it is the name of three people, how much can my daughter-in-law get?" Lao Chen asked the lawyer again. The lawyer said that in the absence of an agreed share, the three people shared the property equally. If Xiao Chen and his wife divorce, then Xiao Chen's wife can get one third. "What if my son dies in an accident?" Lao Chen asked. "Then one-third of your son will become an inheritance, and your daughter-in-law can still get a part." The lawyer said.
Hearing this, Mr. Chen was anxious again. Although both the on-site lawyer and Chen feel that Mr. Chen is worrying too much, Mr. Chen still can't let go. In desperation, Xiao Chen said, "Then I will write a will and say that all my shares will be inherited by you." Chen Ye was a little embarrassed to hear her son say this. Finally, under the persuasion of the lawyer, the father and son left with satisfaction. "After listening to the lawyer's answer, I know what's going on. We'll discuss it when we get home. " Lao Chen said.
Like Mr. Chen, there are still many people who come to consult because of the problem of buying a wedding room for their son and adding the name of their daughter-in-law. In this regard, the lawyer answered them one by one.
When his wife died, the old man sold the house without telling his daughter.
Ms. Zhu, a citizen of Nanjing, said that her parents once owned a property and bought it after marriage. Although the property is only registered in the father's name, it is also considered the property of parents. At the end of 20 14, my mother died. About half a year later, my father sold the house without her knowledge. Now, the old man has found a new wife and bought a house. "I think that the suite sold by my father has my mother's share and belongs to the heritage. Our children should also have a share of the inheritance. " Ms. Zhu said, but her father said that the property was his own.
After listening to Ms. Zhu's description, the lawyer said that if the house sold by her father is indeed shared by husband and wife, then half of the property belongs to Ms. Zhu's mother. Now that Ms. Zhu's mother has passed away, this part of the property is an inheritance. In the absence of a will, all legal heirs can inherit by shares. According to Ms. Zhu, the house sold for 4 million, so Ms. Zhu's mother should get 2 million. The 2 million yuan was inherited by his spouse and children. In other words, Ms. Zhu, her sister and her father can each get one third.
However, the lawyer also pointed out some strange things. According to Ms. Zhu, the house was sold after her mother died. If you count her mother's share, then her father can't handle it alone. "There are two possibilities. First, the house is the pre-marital property of Ms. Zhu's father, and Ms. Zhu's mother does not own it; Another possibility is that Ms. Zhu's mother left a will and handed over all the property to her husband. " Zhang Liji said.
In this regard, Ms. Zhu said that she would go back to negotiate with her father. If not, she can only take her father to court.
Aunt Xu is worried that 10 can't pay the property fee.
Aunt Xu, a citizen of Nanjing, bought a house in 2003 and handed it over in 2005. When the renovation began a year later, my aunt accidentally found that when the water was not used, the water meter was also walking. Residential developers and properties belong to the same group. She reported the situation to the property and the staff found that the water pipe was leaking.
Aunt Xu recalled that the property company agreed to waive the previous property fee. Recently, however, she received a letter from a lawyer urging her to pay the property fee. It turns out that after my aunt stayed in the community, she went to the property accountant to pay the property fee every time, but she never paid it. She said that the accountant said it must be handed in in 2005, and the previous part should be made up. However, this aunt believes that it cannot be said that it is not counted before the property verbally promised to waive the property fee. But she has no written evidence, and the accountant doesn't care about it. To this end, the aunt has never paid the property fee since then.
In 2009, the property management company posted a notice saying that it would no longer provide property services for the aunt because the aunt's family had not paid the property fee. Not long ago, the community changed to a property company, and the new property began to urge the aunt to pay the property fee, so she sent a lawyer's letter. Aunt Xu didn't know what to do and came to the scene for consultation.
Lawyers believe that the notice in 2009 can be regarded as the unilateral termination of the contract by the property company. Even if you go to court in the future, you will have to pay the property fee from 2005 to 2009 at most, and the property fee between 2009 and property change, so you don't pay it because you don't provide services. The lawyer suggested that Auntie should keep the original notice and use it as evidence in the future.
Buying a rural self-built house can't be transferred, and the foreign guy comes to consult.
Unlike other citizens who come to consult, Xiao Wang is not from Nanjing, and the house that bothers him is not in Nanjing. Yesterday morning, Xiao Wang came to the site for consultation with a sales contract. It turned out that Xiao Wang bought a house somewhere in Gansu and signed a contract with the seller. The total house price is 365,438+00,000 yuan, with 260,000 yuan in advance and the remaining 50,000 yuan. It is stated in the contract that before 20 15 12 3 1, the seller shall cooperate with the transfer formalities, and after the transfer, Xiao Wang shall pay the final payment of 50,000 yuan. But he told the lawyer that the house could not be transferred at all, and the seller not only refused to move out and hand over the house, but also asked him to pay the final payment of 50 thousand yuan before transferring the house.
The lawyer inquired carefully and learned that the house bought by Xiao Chen belongs to the rural self-built house, commonly known as the small property right house. According to the regulations, it is impossible to buy or sell, and naturally it is impossible to handle the transfer procedures.
The lawyer suggested that Xiao Wang could sue in court to confirm that the contract was invalid. He said that according to the Contract Law, if the contract is invalid, the seller will return the property acquired as a result of the contract. In addition, the nature of the house is not stated in the contract. Chen Gong believes that the seller should bear the responsibility of contracting fault and make corresponding compensation for the concealment.
(The above answers were published on 2017-01-18. Please refer to the actual situation for the current purchase policy. )
Comprehensive and timely real estate information, click to view.