Does Ningbo inherit real estate count as common property?

Practical Experience of 1. Lawyers

the result of the same inherited house may be completely different. The key depends on three things: legal inheritance or testamentary inheritance, whether the will states that only one party belongs to one party, and whether the inheritance occurs before or after marriage. Legal inheritance, acquired after marriage, and the will is not specified, in principle, the common property. Therefore, to deal with such cases, the first step is to find the will and inheritance related materials, rather than looking at the real estate certificate first.

The most problematic thing in practice is the point in time. Inheritance begins at the time of the decedent's death, and even if the property has not yet been transferred, the nature of the corresponding share may have been determined as long as the death occurred within marriage. Therefore, it is necessary to clarify the time of the death of the decedent, the time of the division of the estate and the time of the transfer registration to determine at which stage the property enters the category of husband and wife's property. If the will exists but the content is vague, or if there is another distribution agreement between the heirs, it will affect the final determination, and all written materials must be collected.

During the negotiation, if one party claims that the whole house is common property, but in fact the will designates it as an individual, you can narrow the scope by explaining the source and designation according to the facts. On the other hand, if you do obtain a share as a result of legal inheritance, you should also truthfully include it in the pool of property that can be divided for other interests. What needs to be reminded is that inheritance itself is often accompanied by disputes within the family. The attitude of brothers, sisters and other heirs will affect the smooth disposal of the house. It is better to straighten out the inheritance relationship and settle the ownership before talking about divorce and division.