When the family partition agreement conflicts with the will, the valid and effective will shall prevail in principle; if the family partition agreement constitutes a gift and has been performed, or if the will has defects, it shall be determined based on the specific evidence.
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The statute of limitations for inheritance needs to be distinguished: the division of undisputed inheritance is generally not subject to the statute of limitations; if the right of inheritance is infringed, the statute of limitations is 3 years and the maximum statute of limitations is 20 years. If the time limit is exceeded, the right to win the lawsuit will be lost.
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In inheritance cases, the litigation fees are calculated based on the value of the estate and accumulated in stages according to the "Measures for the Payment of Litigation Fees". If the subject of the property division does not exceed 200,000 yuan, no additional fees are charged; for the part exceeding 200,000 yuan, a fee of 0.5% shall be paid.
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Inheritance disputes cannot be arbitrated according to law. According to Article 3 of the Arbitration Law, marriage, adoption, guardianship, support, and inheritance disputes cannot be arbitrated. The arbitration clause is invalid, and the case should be brought to the people's court for litigation.
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If the inheritance is transferred, the applicant can apply for property preservation. According to Articles 103 and 104 of the Civil Procedure Law, the court shall make a ruling on pre-litigation preservation within 48 hours and the applicant shall file a lawsuit within 30 days. The applicant must provide a guarantee and clear clues to the property involved.
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The complaint for inheritance disputes should state the information of the plaintiff and the defendant, the specific litigation requests and factual grounds. The claims should clearly define the scope and share of the inheritance and cite the Inheritance Chapter of the Civil Code. It is recommended to clarify the kinship and the validity of the will before filing the lawsuit.
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When selling a house inherited from a relative, if it has been owned for more than two years, it is exempt from value-added tax; if it has been owned for more than five years and is the only property owned by the seller, it is exempt from personal income tax; otherwise, it is subject to a 20% tax on the difference or a fixed-rate taxation. The original value of the house should be calculated based...
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Legal heirs inherit the house without paying stamp duty; inheritance by will is also tax-free within the legal scope; and donations to non-legal heirs are subject to a stamp duty of 3% to 5% according to the provisions of the Stamp Duty Law. According to Article 6 of the Stamp Duty Law, it is recommended to first confirm the identity and method of inheritance.
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After divorce, whether one party can recover half of the joint mortgage payment depends on the nature of the debt and the divorce settlement agreement. If it is a joint debt, the party who repays it can recover the excess amount. It is recommended to keep the repayment receipts.
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Before divorce negotiations, you should prepare identity marriage certificates, property clues, children's materials, and evidence of fault; according to Articles 1076 and 1087 of the Civil Code, divorce by agreement requires consensus on child custody, property, and debts. It is recommended to fix the evidence before signing the agreement.
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Both parties agreed that it might still be necessary to hire a lawyer for the divorce, depending on whether there are disputes over property, children, or debts. A lawyer can draft an agreement, prevent hidden debts, and avoid subsequent litigation.
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In principle, premarital property is not divided and belongs to personal property; however, the down payment made before marriage, the part of the loan repaid jointly after marriage, and the appreciation of the property usually belong to joint property and should be compensated for.
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The attorney's fees for custody disputes are not standardized, and they are charged on a per-case or percentage-of-the subject-matter basis. For marriage and inheritance cases, contingency fees are prohibited, and the fees must be specified in the power of attorney contract.
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After the parents get married, if they invest in buying a house, there is an agreement between them. If there is no agreement, it is generally regarded as a gift to both parties. The ownership of the house is determined by the registration and the intention of the investment. It is recommended to keep the investment receipts.
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It is illegal to transfer property during the cooling-off period for divorce. According to Article 1092 of the Civil Code, the party may receive a smaller share or no share in the divorce settlement. If such behavior is discovered, the party should immediately fix the evidence such as bank statements and claim their rights in accordance with the law.
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