(PLO)- My parents-in-law gave me and my wife a house, but they still have their names on the papers. So they have the right to reclaim the given house?
When I got married, my parents-in-law gave us the house that my mother and I are currently living in. The parents-in-law said that this was a wedding gift from their parents, but they kept all the documents about the house. Now, my husband unfortunately passed away. My parents-in-law plan to reclaim the house on sale to divide equally among the children. I would like to ask if my parents-in-law can get the house they gave me back?
You read Trong Duc (Long An)ask.
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In order for a house donation to be legally valid, the conditions prescribed by law must be met. Photo: NGUYEN CHANH |
Lawyer Le Thanh Cong, Ho Chi Minh City Bar Association, answer:
According to Article 457 of the Civil Code 2015: “A contract for gifting a property is an agreement between the parties whereby the donor hands over its property and transfers the ownership rights to the giftee. give without asking for compensation, the donor agrees to receive”
For a donation to be legally valid, it must satisfy the conditions prescribed by law on content and form.
According to the provisions at Point a, Clause 3, Article 167 of the 2013 Land Law, “Contracts for the transfer, donation, mortgage or capital contribution with land use rights, land use rights and land-attached assets must be notarized or authenticated”.
In your case, you did not state whether your parents-in-law made a donation contract or not. If the parents-in-law have made a donation contract, Article 459 of the Civil Code 2015 stipulates: “A gift of real estate must be made in writing, notarized, authenticated or registered, if the real estate must be registered. sign ownership in accordance with the law. The real estate donation contract takes effect from the time of registration; if the real estate is not subject to registration of ownership, the donation contract shall take effect from the time of property transfer.
Therefore, if the parents-in-law have transferred the name to both your wife and husband in the name, your parents-in-law have no right to reclaim the house. However, if your husband does not leave a will related to the house, your parents-in-law will still inherit the house. Accordingly, half of the above house is owned by you; half of the house will be divided equally between your father-in-law, mother-in-law, you and your children each.
If the parents-in-law only transferred the name to your husband and your husband did not leave a will, the house above will be divided equally among the father-in-law, mother-in-law, you, and your children.
In case your parents-in-law only tell and have not done the notarization and transfer of names for you and your wife, your parents-in-law still have the right to decide on the house above.
Buy a paper house but make a will…
PHAM TUYEN