How to avoid the “house is yours, but you can’t live in it” situation when buying a second-hand home?
The wife before one’s death makes a will the house before marriage donates younger brother husband Mr Li before remarriage still can often live but before paragraph of time Mr Li discovers wife younger brother hangs the house to sell on the net this meeting affects oneself live?01 The wife gave the house to her brother and promised her husband that Mr. Li could still live in 2006, Mr. Li and Ms. Xu married, no children after marriage.In January 2014, xu, who was ill, made a will that she would give the house she and Li lived in to her brother Xu after her death, but Li could still live in it until he remarried.In early 2016, After Ms. Xu died of illness, Mr. Xu and Mr. Li filed a lawsuit for Ms. Xu’s estate.After checking, this house is Mrs Xu’s property before marriage.In November 2016, the Hongshan District Court of Wuhan city ruled that the house belonged to Mr. Xu, and Mr. Li had the right to live in the house.After the verdict, Mr. Li has been living in the suite house, Mr. Xu did not disturb.On January 1, 2021, the Civil Code was officially implemented, and relevant provisions on the right of residence were added to the property rights book.Residency can be created by contract or by will.Whether the right of residence is established through a contract or a will, it is necessary to apply to the registration agency for the registration of the right of residence, which is not only an effective protection of the right of residence, but also can avoid some legal risks that may occur in the subsequent sale process of the house with the right of residence.At the beginning of this year, Mr. Li found himself living in this house by his brother-in-law Mr. Xu hanging on a network platform for sale, worried that the house was sold after the impact of their continued living, he hurriedly took the judgment to Wuhan Hongshan District Court executive board, application for compulsory execution of the right of residence.The court made an enforcement order on February 26, which registered the right of residence of the house in Mr Lee’s name.It is reported that this is the first residence right enforcement case in Wuhan after the promulgation and implementation of the Civil Code.On March 3, the executive officer of Wuhan Hongshan District Court came to the Hongshan Administrative Service Center and handed over the execution order and notice of assistance in execution to the staff at the real estate registration window, asking the real estate registration department to cooperate with Mr. Li in the registration of residence right.On the afternoon of August 8, a lawyer accompanied Mr. Lee to the real estate registration window of Hongshan District to apply for the right of residence with his identification certificate and the court’s executive order.At present, the residence right registration has been handled according to the provisions.03 judges remind to buy second-hand housing must pay attention to this point, the judge reminded that residents should also pay attention to the purchase of individual houses in the real estate registration agency inquiry whether they intend to buy the house registered right of residence, so as not to appear “the house belongs to you, but you can not live” situation.The right of habitation is a kind of usufructuary right of possession and usufructuary right which is acquired by a natural person according to a contract or a will and established to satisfy the needs of living and living in the house which is owned by others.The parties may establish the right of habitation in the form of a contract or a will. The establishment of the right of habitation is generally free of charge, and the duration of the right of habitation is limited to the period clearly agreed upon or the duration of the life of the right holder. The right of the right of habitation may not be transferred or inherited.Let’s take a look at three everyday situations in which the right of residence helps us to solve difficult problems in our lives.In recent years, he is getting old. On the one hand, he wants to transfer his house to his children before his death, so as to reduce inheritance tax and other expenses, and let his children feel at ease to take care of his life, old age, illness and death.But on the other hand, they are afraid that their children are unfilial to them after the house transfer, so that they can live without shelter, without dependence.Before the introduction of the civil Code, this idea of old lady A can hardly be fully guaranteed through the existing system.Although he can transfer the ownership of the house to his children in the form of donation or sale before his death, he will lose the ownership of the house after the transfer. If his children sell the house again after that, it will inevitably affect the old woman’s living in the house, and it is difficult to realize the purpose of providing for her to live in the house.After the introduction of the civil code, the old lady’s wish can be realized through the establishment of residence right.An old lady can sign a contract with her children to establish the right of residence, which stipulates that after she transfers the ownership of the house to her children, she can still enjoy the right of residence of the house during her lifetime.When the old lady a transfers the ownership of the house to her children, the children shall also register the establishment of the right of residence for the old lady A.This can not only satisfy parents’ desire to transfer their house ownership to their children in their lifetime, but also protect parents from being driven out of the house by their unfilial children after losing the house ownership.After the establishment of the right of residence, even if encountered unfilial children, parents can also exercise the property right protection of the right of residence, excluding unfilial children for parents to normally occupy the right to use the house of the obstruction, also can prevent unfilial children will sell the house after the new house owners to the elderly claim the right to empty the room.Scene two Small b and small C in the marriage of the duration of the purchase of a house, after the two people love to divorce, the two sides of the agreement by the male xiao B to enjoy all the house ownership, and by the male xiao B compensation housing discount of 1 million yuan to the female xiao C.However, after the woman small third worried about its abandoned the building ownership, the man cannot compensate corresponding money to its as scheduled, so both sides also agreed in the man small second full payment compensation before, the woman small third has the right to live in the house.Before the issuance of the Civil Code, although such an agreement can promote the men to pay the compensation during the agreement to a certain extent, if the other party with “bad character” sells the house separately after acquiring the ownership of the house and hides the house money and refuses to pay the compensation, such an agreement is likely to fail.It is difficult to realize the purpose of the woman to obtain the house discount compensation as scheduled.After the introduction of the Civil Code, the woman can better protect her own interests by agreeing to establish the right of residence with the man.Both parties may agree at the time of divorce that the house shall be owned by the husband, and the husband shall pay a certain amount of compensation for the loss of the house to the wife, and the wife shall have the right to live in the house before the husband pays the aforesaid compensation for the loss of the house in full.Thereafter, the woman may, while transferring the ownership of the house to the man in full, require the man to register the establishment of the right of residence for the woman, and the duration of the right of residence shall be limited to the man paying the woman a certain amount of compensation for the loss of the house in full.After that, although the woman loses the ownership of the house, she can live in the house until the man has paid the full price of the house, and both parties can not register the right of residence to cancel.The woman’s right of residence in the house during the term of the right of residence can be used against the man’s title to the house, even if the man sells the house separately because the right of residence has been registered, the woman’s right of residence in the house can be used against the new buyer of the house.Scene 3 Father Lao Ding has been living in China since his wife died, and his children are working and living abroad. It is difficult to take care of his father’s daily life, so he hired a distant relative wu to be his father’s nanny.Father Old Ding is grateful for the years of care, worried about the death of wu nowhere to live, want to provide a shelter for Wu, but afraid of leaving the house to the children of Wu this heart has bad blood, make family members turned against each other.Before the introduction of the Civil Code, if Old Ding wanted to provide residence security for Wu after his death, he could only transfer the ownership of the house to Wu through bequest or signing a bequest agreement.But this kind of form will inevitably lead to house ownership outside the children, in practice there may be children to oppose, easy to cause misunderstanding and contradiction between relatives.After the promulgating of the civil Code, Lao Ding could establish a right of residence for Wu on the house in his will, and the duration of the right of residence should be limited to her lifetime.In this way, after the old ding hundred years, the children can continue to obtain the ownership of the house in the form of testator inheritance, but at the same time, the children also need to assume the obligation of establishing the right of residence in the house according to the content of the will.Wu has the right to register the establishment of residence right by means of the will containing the expression of intention to establish residence right. After the registration, the children of Lao Ding shall guarantee that they have the right to continue to live in the house during their lifetime without any hindrance.In addition to the establishment of the right of residence do not forget to deal with the establishment of the right of residence registration yo only fully understand the aforementioned characteristics of the right of residence can let the right of residence better help people achieve the goal of living somewhere