When Ms. Yang and her ex-husband divorced, they wanted to give the house in their names to their daughter, but because the daughter was still young, the two agreed in the divorce agreement that the house would be given to Ms. Yang first, and Ms. Yang would repay the loan, and the house would be transferred to the daughter's name when the daughter became an adult.
Ms. Yang paid off the mortgage and wanted to change the house to her name, but her ex-mother-in-law disagreed, saying that the house was still in her ex-husband's name, and she also had a share of the house, and the house would be given to her granddaughter in the future, and now it could not be transferred to Ms. Yang alone. Ms. Yang wanted to ask, is her mother-in-law's statement reasonable? What to do with this house?
Wang Xinghua, director of Beijing Jingyun Law FirmRepresentation:
According to the divorce agreement between Ms. Yang and her ex-husband, the disposal of the house was actually divided into two levels, the first was the division of property between the husband and wife, and after the divorce, the house was owned by the woman, Ms. Yang, and Ms. Yang repaid the loan, and secondly, Ms. Yang set a gift obligation for Ms. Yang, and when her daughter became an adult, Ms. Yang should transfer the property rights of the house to her daughter's name.
Now Ms. Yang has paid off the mortgage and has the conditions to change the registration of property rights, but her daughter is not yet an adult and has not reached the time to fulfill the gift obligation, so it is reasonable for Ms. Yang to request that the property rights of the house be changed from the co-ownership status to her alone in accordance with the divorce agreement, and the ex-mother-in-law, as the heir of the ex-husband, should cooperate with Ms. Yang to go through the transfer procedures under the divorce agreement.
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Civil Code
Article 1159:When dividing an estate, the taxes and debts that the decedent shall pay in accordance with law shall be paid off; However, the necessary inheritance should be reserved for the heirs who lack the ability to work and do not have a livelihood.
Article 1161:The heirs shall pay off the taxes and debts that the deceased shall pay in accordance with law to the extent of the actual value of the inheritance. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.