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Can the house not be transferred as an inheritance

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Can the house not be transferred as an inheritance


        

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  • 2024-06-22 22:00:59

    The divorce house can not be transferred, but in fact, the transfer of divorce house belongs to the transfer of property rights. If the house is not transferred, there will be huge risks. The house involved may be disposed by the property rights registrar, such as mortgage loans, which will have adverse consequences for the interests of the party who has not transferred the ownership. If one party donates the property of the other party, even if it has been married for many years, as long as the property has not been transferred, the donating party can revoke the gift. At the time of divorce, the property still belongs to the donating party and will not be divided. According to the Third Judicial Interpretation of the Marriage Law, before marriage or during the duration of the marriage relationship, the parties agreed to donate the house property owned by one party to the other party, and the donor revoked the gift before the registration of the change of the donated house property, and the other party requested a decree to continue to perform, the people's court may handle it in accordance with Article 186 of the Contract Law, The donor may revoke the gift before the transfer of rights to the gift property. Our country adopts the housing property right registration system. In the legal sense, the property right should belong to the registrant, and others who claim the right must provide sufficient evidence to prove that they can win the lawsuit. At present, there are many disputes caused by the untimely renaming of the disputed house. Therefore, the untimely renaming may cause unnecessary troubles due to the long time and the loss of key evidence, making it impossible to effectively protect their legitimate rights. Therefore, it is suggested that after divorce and family property analysis, if the house needs to be renamed and registered, it should be handled in a timely manner.
    Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (III)
    Before marriage or during the duration of the marriage relationship, if the parties agree to donate the house property owned by one party to the other party, the donor cancels the donation before the registration of the change of the donated house property, and the other party requests a decree to continue to perform, the people's court may handle it in accordance with Article 186 of the Contract Law.

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