The question about whether the house can be divided-yes.
What should I do if I want to divide this house?
First of all, there are several questions.
The first depends on whether parents have left a will. It should be noted that for the distribution of real estate, notarized wills and notarized wills have different procedures in the process of transfer. Then if that's the case, we need to look again.
Second, without a will, if your parents' parents have died, then your four brothers are the legal heirs of this house, and they all enjoy the ownership of this house equally.
Third, if you don't plan to investigate whether Lao Si has taken the stock, then put it aside first, because if he got it when his parents were alive, or if his parents explicitly promised it to him, it usually belongs to the situation that parents gave it to their children, and others have no right to interfere. If you took it yourself after your parents died, you can pursue it under the premise of proof and ask for redistribution.
Fourth, as long as the eldest brother, the second child and the third child have the ability to live, it is not directly related to whether they live outside or have a house.
Fifth, have we negotiated with each other and reached an understanding on housing allocation? Or does the boss want to live in, and the second and third want to share a room? If it is the latter, it is not excluded that when allocating the house, the boss suggested that they had fulfilled their main support obligations because they lived with their parents at birth. Of course, this can't deprive others of their inheritance rights, but if it is true, then according to the inheritance law, the boss can divide the inheritance more.
Once you four can't reach * * * knowledge, most of them can only be solved through litigation; This is another matter. If so, I'll give you an answer.
On the premise that you all agree to the decision of housing allocation, I recommend the most convenient method among all similar things you have come into contact with-
First of all, go to the notary office for notarization of inheritance rights, which will confirm the inheritance rights of the four of you.
This notarization was originally aimed at all estates, but you can only pay attention to the house.
In this step, Lao Si should also participate, because all legal heirs should be included.
After arriving at the notary office, the old four needs to sign a declaration of abandonment of inheritance (provided by the notary office), so the inheritance right of the house will be stated by the remaining three people.
Because the regulations of each local notary office are different, I suggest you go to the local notary office to find out what materials are needed for this notarization, and then prepare them one by one.
In addition, before everything starts, I suggest you prepare your parents' death certificates first.
The second step, after the transaction is completed, you can start the transfer of property rights.
Eldest brother, second child and third child bring their parents' death certificates, real estate licenses, notarial certificates of inheritance rights, ID cards, household registration books and copies to the Housing Authority for transfer.
The result is—
At this point, the house belongs to you three * * * and * *. All three people have equal ownership, have the right to possess and use, and can live in it. However, three people must agree at the same time to rent or buy or sell such houses to obtain income and dispose of them.
About wanting to split the money?
There are three ways.
First, after the ownership of the house has been transferred to these three people, the house can be sold, and the three people will share the money for selling the house equally.
Second, after the above transfer process, you can negotiate who to give this house to. After the negotiation, three people went to the Housing Authority to handle the transfer procedures, and the other two people transferred their ownership shares to this person, and changed the property rights of the house into personal ownership. Then the market price of the house is valued, and the total price of the valuation is divided by three. Finally, everyone in the house should pay one-third of the other two people according to the market price.
Third, before you go to the notary office, discuss who to give the house to, and then how much money this person must give to the other two people (you can negotiate by yourself, according to the market price). After all, four people go to the notary office together. The difference is that in all the houses, except this person, the other two people have signed a declaration of giving up the inheritance right with Lao Si, so the inheritance right of the house on the notarial certificate belongs to this person who has discussed it in advance, and then this person can go through the transfer with the same things. This method is relatively simple.
It is specially stated here: for the latter two methods, if you are not at ease, you can sign an agreement or contract first.