Divorce divides property? Does the inheritance of one party need to be divided?
Guide: Today we invited a Beijing divorce lawyer to introduce you to the legal knowledge of marriage and family. Let ’s take a look at the inheritance of inheritance. In fact, it is not just individuals. If you are married, then you Family. You have to consider that your spouse has the right to benefit accordingly. If you think this is one, tell a story. A lady, when they get married, they look for this husband to envy everyone.
Today we invited a Beijing divorce lawyer to introduce you to the legal knowledge of marriage and family. Let ’s take a look at the inheritance of inheritance. In fact, it is not just individuals. If you are married, then your family. You have to consider that your spouse has the right to benefit accordingly. If you think this is one, tell a story. A lady, when they get married, they look for this husband to envy everyone, why are they envious? She When I knew this man, the man's home had only a dozen sets of real estate and shops. Everyone said, oh, after you get married, you do n’t need to do anything, and rent collection is enough for you for a lifetime, and the man is still at home.
Your son will surely belong to his family in the future, so after your wife marries, the second half of your life is almost carefree. After you go on vacation, this mother-in-law repeatedly tells him that the woman is the biggest Blessing is the husband and wife, so your next task is to give our family a grandson and inherit the incense. After one year of marriage, the woman really has a son, so the man and the mother-in-law. Very happy, but then, the next question is to take better care of this little grandson. They just persuaded the woman to quit the job. You just have to take care of the children at home. Well, we do n’t lack you at work. For these thousands of dollars, in order to allow the woman to quit her job safely, her mother-in-law also bought her a house. At that time, she wrote this house in the woman's name and married for four years. The father-in-law still had a heart attack. . He died early. At that time, a fortune-telling master told her mother-in-law, "Where is your wife-in-law?" Why do your husbands die? You do n’t look old, and you are usually healthy, because it ’s blocking your son. For a moment, the daughter-in-law's life was really bad, so hurry up and persuade them to divorce, or else there is something to do next.
The mother-in-law started her mobilization and encouragement work. She constantly mobilized the man and quickly divorced your wife and children. You can see that our house is not ugly after you leave. Find another one for you and if you If you do n’t divorce, you do n’t have to think about inheriting the property in our family, because this is the man ’s property. He originally said that he did n’t have any normal work, so he always ate the money at home. The mother-in-law said this. In the future, the man slowly felt the truth, and began to talk about divorce with the woman. But when talking about divorce, the woman found a problem when talking about the division of property. Down, I lost my job, and I do n’t have any other income. If he wants to divorce, he can only get half of the house. Of course, the house is not willing, you still forget it in private. Did n’t the other father-in-law have died? Did n’t the father-in-law have inheritance? If the family ’s family business is to inherit the father-in-law ’s legacy If so, how much can it be inherited? The family property in the family is definitely divided into two parts, one is the father-in-law, and the other is the mother-in-law's person. Let us count it like this, to inherit the legacy of the elderly, first divide the family property into two halves. Half are father-in-law and the other half are mother-in-law.
After the death of the father-in-law, he can inherit the father-in-law's inheritance, but the mother-in-law also has the right to inherit, that is, the father-in-law's inheritance is divided into two parts, one for her husband to enter the city, and the other for her mother-in-law to inherit, that is Her husband can inherit one-fourth of the father-in-law's inheritance. It is not that the father-in-law should be one-fourth of the entire family property. What is one-fourth of the entire family property? In terms of their family property. Only a quarter of the inheritance is also 20 million. Well, he did have a very large sum of money before. If the inheritance of the inheritance stipulated in the marriage law is inherited, it can also be regarded as the common property inheritance or gift of the husband and wife. The property also belongs to the common property? Then the woman thinks that you will give me 10 million. If you have enough 10 million, I will divorce you, but. What is the man ’s disagreement with the man ’s method? I do n’t inherit the property, you ca n’t share it. The woman said that you do n’t cherish resentment now, after the mother-in-law ’s death, you can still inherit it, right? You Now I just coaxed me and divorced me. Even if you give up these inheritances to your mother-in-law, after the death of your mother-in-law, you can still inherit all the properties, and the man simply wrote one.
It was stated that I gave up the inheritance right of the inheritance formed in the entire family. Let ’s analyze the relationship of inheritance. From the beginning, when the man wanted to propose a divorce from the beginning, let me say that the woman can only get this. Half-unit property, although this is not a legacy, but I think it is necessary to say where did this half-unit property come from? As far as we calculate, it is possible. It is the house where his mother-in-law bought the woman and wrote the woman ’s name. Often the house is the result? Maybe in the end, the mother-in-law claims that I do n’t give it to my daughter-in-law personally, but to the young couple, then In this case, the house must be the common property of the young couple, so you can only divide it in half. You may be curious not to write the woman's name? Although you wrote the woman's name, it may be funded At that time, the mother-in-law was paying the money. At that time, he had some meanings that I gave this house to two of you. When you are in your personal name, if you say that, the other party can prove it. I gave it to me at that time, so this house is a common property. There is no controversial mechanism, even if I told you this house I wrote your own name for yourself, but later people can regret it, because we talk and give it to the real estate in particular, he The rest is registered transfer.
The old house was indeed expressed at the time, that is, the gift I gave to my daughter-in-law and the personal concubine was also registered with him after the house came down. In this case, the gift is generally irrevocable, unless it can be proved by others. I did n’t say that I gave it to him personally, I gave it to them at the time, it was just registered in his name, this situation can be divided, so what does this gift mean, in addition to Falling on the paper, there is a piece of evidence in the future, if there is a problem in the future, the way of gift at that time. What do you mean at this moment? They are all verbal words, and the real estate obtained after marriage is brought back, as long as the real estate obtained while the marriage relationship still exists, even if it is only written The name of a person, without special circumstances, also belongs to the special situation that two people said to us, that is to say, when you see that this is a house given to me by someone else, it is clearly stated, to whom? Who? Hmm, in this case, your personal property is hungry. Otherwise, it is generally considered to be common property. There is also a case where my personal property before marriage was used, and I used it to buy one. Set up a house without involving any other funds. This is considered to be a change in the existence of property and a conversion of personal property. This is also personal. Generally, a house bought after marriage, even if it is only write.
The name of a person, the property of the husband and wife, um, this is to say that it does not matter when inheritance, but I think it is necessary to say something, okay, let ’s talk about inheritance first. The order of sequential inheritance is the parents, spouses, and children. What about the first sequential heirs? That is, we say that the parents, spouses, and children. Let ’s take a look at the death of the man ’s father. The distribution of property by one party is to be separated. Inheritance first starts with a single list of his personal property. First of all, what is the scope of his personal property. Then, we have to determine the scope of the heir. In this case, then The qualified heir was first a spouse, her mother-in-law, and then her children were her husband, both of them. To inherit the property of this husband, that husband, I did n’t leave a will when I was in the bedroom, then the heirs are evenly distributed according to the legal inheritance. This inheritance is what we just said. Everyone enjoys 1 / 2In Xicheng, he is also a relatively special right. He has the attribute of a personal relationship. Here, it is more a right to heir. As an heir, I have the right to express that I want I also have money for this property.
It means that I explicitly gave up the right of inheritance. Then only when and when I did not give up this right of inheritance has already begun. The division of the estate has also begun. In this case, we divorce at this time, even if the inheritance has not been divided, but Well, because the right of inheritance has been transformed into a kind of property right that can be expected, then after the division is completed, I can still advocate division with you, and the part of the property you inherited will be inherited. It belongs to both the husband and wife, but it does n’t need to really get the money, just such an inheritance relationship occurs, and you can get this part of the money, it can be regarded as the job of the husband and wife, she is a I can look forward to such a property force. It may not be realized. I expect her to divide one billion heritage into one time at this time. Before the division of the heritage, I said. I do n’t want this kind of thing, I give up inheritance, then this matter has nothing to do with you, I have no inheritance rights, and no inheritance of his property, so what are we to do? Nothing can be divided, right? If I did not give up this right of inheritance, but it was divided in the beginning, but at that time, I was specifically handed over. At this time, we were divorced, but the property rights can be determined. When did you divide it, what am I I will give you points at that time, then there is a problem, as the man in our case said in order not to let the woman.
After sharing these heritages, they snatched a statement saying that I gave up inheriting him. He said that he gave up inheriting the overall inheritance of their entire family, that is, even if his mother died later, he would not Inherited, can he make such a statement later? That young girl haha, is it a sign of his own intention? This should be a two-part part, that is, the father. What about the inheritance right? If she gives up, the division of property will be directly attributed to his mother. His mother ’s ownership has changed. Later, it would be useless to revoke this statement. It has already been divided, but the other part is included in the What about the inheritance of this time? One of my intentions is that I can change the meaning of this meaning later. This is a pit. In fact, he owes this statement. In order to prevent the woman from getting the father's inheritance, it can still be done later. Changed. Not only can it be changed, she actually has a space. Where is it? I ca n’t inherit it. Who do I give her to when it ’s time? Or in what way can I give it to him? Then we are envisioning In another case, because there have been related case events, I will not talk about it. I will just talk about this principle. At that time, he gave up inheriting another woman, and the woman did not know that the man might obtain these parts of the inheritance. Finally they divorced.
However, after the divorce, it was found that the man had inherited a part of the inheritance. In fact, before the divorce, the man could go to the airport. They deliberately delayed the process and waited until the divorce. The woman later If you find this situation again, you can go back and ask again, and it also has a statute of limitations. You need to exercise this right within one year from the date the woman knows or should know. This is quite different from the speed of arrears that we generally understand. He is more of an infringement. Even if you infringe on such a property right of mine, it is not valuable for you to take advantage of me. Sharing the property together has concealed that in this case, I will exercise this right within one year. Then there is the problem that in the case we are talking about today, the woman has no money. You are asking the man to inherit it, right? The premise of this part of his inheritance is that the man is willing to enter the city or enter the city, only to form a dress with more life relationship, she is a prostitute. Identity relationship, I got this property and said that the man has the right to give up before the estate is divided.