On January 1, 2021, the Civil Code officially came into effect, which involves many new regulations on real estate, including new rules on renting, inheritance and divorce real estate division.
According to the relevant laws of the Civil Code on inheritance, the order of inheritance of an estate is:
First in line: spouse, children, parents
Second order: siblings, grandparents, maternal grandparents.
Succession shall commence after the death of the decedent and shall be inherited by the first heir in line or, if there is no first heir, by the second in line. If the decedent's children die before the decedent, the descendants of the decedent's children shall inherit by subrogation, and only the share of the inheritance to which his parents are entitled.
1. Joint ownership. The spouses enjoy and exercise ownership of the house without their share.
1. The property purchased, constructed, or exchanged by one or both parties during the marriage relationship, as well as the property acquired by inheritance, are not clearly defined by the parties.
2. The property of one or both spouses is not specified in the will or gift contract. Both husband and wife have equal rights to dispose of the jointly owned real estate, and neither party can ignore the other's unauthorized disposal.
According to the Housing Registration Measures, a jointly owned house is jointly used by the co-owners. Therefore, both husband and wife should apply to the house ownership registration authority when applying for registration.
2. Share by share. The husband and wife exercise the ownership of the real estate according to the determined share.
1. Each co-owner has the ownership of the co-owned house according to their respective shares, and when the co-ownership relationship occurs, the two parties negotiate to determine their respective shares.
2. Co-ownership of shares means that co-owners have rights and obligations according to their respective shares. The rights of the co-owners are to the whole of the co-property, not to one part.
If only the spouse is the heir, in this case, the property will be inherited by the spouse, regardless of whether it is the joint property of the couple before or after the marriage. The spouse has the right to dispose of the property because he or she can take ownership of the entire property.
First, has one party made up his mind to leave all ownership of the house to the other party before he dies?If he makes a will, he can sell it because all ownership of the house belongs to the other party;
Second, if there is no will, it depends on whether there are heirs. If there are heirs, the house is not entirely owned by the other party and therefore cannot be **;
Third, if the heirs agree to the house, they can sell it, or they can agree to the corresponding compensation or distribute the compensation after the house.
Since 2021, the Civil Code has officially begun to implement major areas of people's livelihood involving housing sales, and the Civil Code has also made major amendments
1. Add a new "right of residence", and be cautious when buying second-hand houses!
The right of residence is a usufructuary right with the right to possess and use the right to possess and use a house obtained by a natural person in accordance with a contract or will, in order to meet the needs of life and residence in a house in which another person has ownership.
2. The mortgaged house can also be sold
Article 406 of the Civil Code stipulates that during the mortgage period, the mortgagor may transfer the mortgaged property. Where the parties agree otherwise, follow their agreement. If the mortgaged property is transferred, the mortgage right shall not be affected.
3. Pay attention to finding an intermediary to buy a house: you have to pay for jumping orders!
Article 965 of the Civil Code stipulates that if the client wants to rent out the house, entrusts an intermediary agency, uses the information sources provided by them to meet the buyer, seller or lessee, and bypasses the intermediary to conclude a contract, it is still necessary to pay the intermediary fee.
The new Civil Code came into effect on January 1, 2021, and you need to know the new rules regarding real estate.
1. The property right of the house is 70 years, and the contract is renewed when it expires.
This means that after the expiration of the residential land use right, there is no need to worry about the initiative to renew the contract, and at the same time, it is not yet known whether there will be a fee for renewal, and there is also the possibility of reduction.
2. Before marriage, parents help to buy a house, which is attributed to personal property.
If the husband and wife buy a house with their parents after marriage, it will be attributed to the husband and wife if there is no agreement or the agreement is not clear. Before marriage, it is not clear that one of the parents paid for the house and the other parent paid for the decoration.
As a declaration for the protection of citizens' rights, the Civil Code will have an impact throughout the lives of Chinese. In addition to marriage, it also includes property law, inheritance law, contract law, etc., which is related to everyone's life, old age, sickness and death, and worries and desires, and is a social encyclopedia.
Whether it is at home or on the desk, you can put a copy of the Civil Code, and you can flip through it when you encounter something and find a basic solution.
The law does not protect people who sleep on rights. Only when we understand the law and have legal awareness can we pick up the law and protect ourselves, our children, and the elderly at home from being violated.
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