I just happened to be helping my parents’ friend deal with a very similar problem recently~
As to whether the house can be divided - yes.
What should I do if I want to divide this house?
First of all, there are a few questions.
The first thing to check is whether the parents have left a will. It should be noted that for the distribution of real estate, the transfer procedures are different for a notarized will and an unnotarized will. If this is the case, you need to look at it again.
Second, in the absence of a will, if your parents have also passed away, then the four of you brothers are the legal heirs of the house, and you all enjoy the ownership of the house equally.
Thirdly, if you don’t plan to pursue the issue of whether the fourth child got the stock, then put it aside, because if it was obtained while his parents were still alive or his parents made it clear that they wanted to give it to him , then it is generally a case of parents giving gifts to their children, and other people have no right to interfere. If you took it after your parents died, you can pursue it and ask for redistribution if there is evidence to prove it.
Fourth, as long as the eldest, second, and third are all capable of living, whether they live outside or own a house has no direct bearing on the inheritance of the inheritance.
Fifth, have we already negotiated with each other and reached a consensus on the allocation of houses? Or does the eldest brother want to live there, and the second and third children want to share a room? If it is the latter, it does not rule out that the eldest brother may point out during the house allocation that because they lived with their parents when they were alive, they have fulfilled their main support obligations. Of course, this cannot deprive others of their inheritance rights, but if it is true, then according to the provisions of the inheritance law, the boss can get more of the inheritance.
Once the four of you cannot reach a consensus, most likely it can only be resolved through litigation; this is a different matter, if so, then I will answer it for you
The following is based on the opinions of all of you. On the premise of agreeing to the decision to divide the houses, I suggest a method that I feel is the most convenient among all the similar things I have come into contact with -
First of all, go to the notary office to apply for the "notarization of inheritance rights". The above will Confirm the inheritance rights of the four of you.
This notarization is originally for all inheritances, but you can just focus on the house.
The fourth child must also participate in this step because all legal heirs must be included.
After the fourth child arrives at the notary office, he needs to sign a statement giving up his inheritance rights (provided by the notary office). Then the inheritance rights of the house will be stated as belonging to the remaining three people.
Because the regulations of each local notary office are different, it is recommended that you go to the local notary office to find out what materials are needed to apply for the notarization before applying, and then prepare them one by one.
Also, it is recommended that you prepare your parent’s death certificate before everything begins.
The second step is to start the property transfer after the application is completed.
The eldest child, second child, third child and the third child went to the housing management bureau to handle the transfer of ownership with their parents' death certificates, real estate certificates, notary certificates of inheritance rights, their ID cards and household registration books, and their copies.
The result is——
Now the three of you *** own the house together. The three of you have equal ownership, the right to occupy and use it, and you can all live in it. In it, however, obtaining income from the house through leasing or buying and selling it, and disposing of the house require the simultaneous consent of three people.
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 divide the money from selling the house equally.
Second, after the above-mentioned transfer process is completed, you will negotiate who will give the house. After the negotiation, the three of you will go to the Housing Authority to go through the transfer procedures, and the other two will transfer their share of ownership to This person turns the property rights of the house into his own. Then the market price of the house is estimated, and the total estimated price is divided by three. In the end, all the people who own the house have to pay one-third of the amount to each of the other two people according to the market price.
Third, before you go to the notary office, first discuss who will give the house to the other two people, and then how much money this person must give to the other two people (you can negotiate by yourself, or according to the market price). After everything is completed, it will still be The four people go to the notary office together. The difference is that except for the person who owns all the houses, the other two and the fourth child sign the statement giving up the inheritance rights. Then the inheritance rights of the houses in the notary certificate belong to this person who has agreed in advance. , and then this person can just bring the same thing to go through the transfer process, and it is up to him to decide when to give the money to the other two people. This method is relatively simple.
A special note here: Regarding the last two methods above, if you are not sure, you can sign an agreement or contract first.