Longyan: Husband's will to punish a husband and wife with a real estate. What is the effectiveness of the will?

As the core asset of most families, real estate is also an important part of heritage. In real life, many elderly people set up will allocate their own property in order to avoid descendants' "noise" because of their "noisy". A few days ago, the Shanghang Court concluded that there was a share of disputes caused by the discipline of the husband and wife of the husband and wife.

Mo and Huang are a remarriage couple. Huang and a minor daughter Xiaowen, who had born with ex -wife, lived together with the two after registering and getting married. In 1994, the husband and wife Huang and Mo Mou jointly built the house involved in the case, and in 1997 completed the approval procedures for land use.

From 2018 to 2019, Huang had many hospitalized treatment due to stomach ulcers (cancer may), and the records and discharge records all stated their consciousness.

In July 2019, Huang made a word according to the hospitalization period, which stated that the case involved in the house was owned by the daughter Xiaowen, who was born of the daughter, and the date of the signature and indication date by Huang himself and the two witnesses. Soon Huang was ill. Mo Mou applied to the real estate registration center for changes in housing property rights, but he could not handle it because the real estate had failed to negotiate. Then he asked the court to confirm the share of the total real estate.

The court trial believes that citizens can set their will to disciplinary personal property in accordance with the law and inherit the personal property by one or several people of the legal heir. Huang's words are written and signed by his own writing, and indicate the specific date. At that time It can be determined that the word is based on the self -book will. Because the house involved in the case is Huang and Mo's husband and wife have property, the two parties have not agreed to enjoy their respective shares, and they should be identified as half of the husband and wife. Huang's will punish the personal property that does not belong to himself, and the punishment behavior of this part is invalid.

Xiaowen argued that Huang had negotiated with Mo with a negotiation of the house involved in the case during his lifetime, but did not provide evidence to confirm it, and he should bear the consequences that the evidence could not. Based on this, the court's judgment of the house involved in the house by Mo and Xiaowen each enjoyed half of the share.

Judge said: According to Article 1153 of the Civil Code, in addition to the agreed by the husband and wife, in addition to the agreed, half of the property should be divided into half of the property when the inheritance is divided, and the rest are the inheritance of the heir.

Therefore, without agreed, the will to be punished for all the property of the husband and wife, and the will only punish the part of its own part, and the part of the punishment is invalid.

Source: Shanghang Court

Correspondent Chen Lizheng Yuan Youfeng

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