Brothers, split up. Who should speak first?

Brothers, split up. Who should speak first?

In real life, when two brothers grow up, it is inevitable that they will split up, especially in rural areas. Property division has always been a matter of great concern to every family. Let's share with you who will say that brothers are separated first.

Brother, it's appropriate to divide it first. 1 Brothers broke up with my mother and uncle first, because this matter is usually presided over by my mother and uncle, which has been the case since ancient times. This is called a mother's uncle taking care of her nephew, and they are all the same. In case of special circumstances, the host can't be played by his mother's uncle, so he has to choose another person from his own family (mother's maiden) to replace him.

The identity of the host shows that the folk customs in southern Fujian have the legacy of the matriarchal concept in the past. Separation needs a middleman, that is, a notary, who is usually a prestigious boss (elder) in the separated family. At the same time, please ask your uncle to be a supervisor to prevent parents from being partial or brothers from seizing power.

On the day of separation, what should I do to succeed?

On the day of separation, we need to distribute the property according to the amount. This is because the former fields were owned by everyone. The main properties are fields, houses, farm tools, furniture, etc., which are distributed equally according to the number of sons. If the father owes a debt, he should also distribute it to his son for repayment through consultation. This is the so-called father's debt and son's compensation, and it is only natural. But the extension of fingers has its length, and the distribution of property cannot be completely equal.

For example, the allocation of a house is usually to give the eldest son a big room with the best quality, and the others are allocated in turn. The younger son is often a small house with a head and a tail, so there is a saying that the younger son has ears.

Parents' preference for separation

Parental prejudice means that when a family is separated, parental prejudice is very important, just like the older generation said that fingers are stretched out. Generally speaking, before the separation of brothers, the relationship is very good and they don't care too much about things. On the contrary, it is the sisters-in-law who are blushing for something, some of whom have estranged and buried old grievances, and the two brothers no longer walk together because of women and men. Therefore, there are no good brothers in southern Fujian, but sisters-in-law.

Brother, it's appropriate to divide it first. 2. The principle of separation of brothers in rural areas

1. When dividing property, it is necessary to distinguish between family property and personal property of family members.

2. Property division can only divide families with property, and personal property belonging to family members does not belong to the category of division.

3, property division, according to the principle of fairness and reasonableness, the division of family property.

4, in the separation of production, the division of family property, especially some production, labor tools, equipment and other property, should be as conducive to production as possible, conducive to the development of family members' respective specialties. For some specific properties that are inconvenient to divide.

It can also be modified by special agreement to give full play to the utility of this item. The division of property is directly related to the future living arrangements of family members. Therefore, it should be carried out in the form of separation agreement, so that disputes will not arise because of the unclear ownership of a property right after separation.

Second, the signature of the separation of rural brothers

Property division is an important family phenomenon in our traditional society. Separation generally refers to the formation of a new family after separation, and "property analysis", also known as property analysis, refers to the situation that property * * * is divided with property by some people according to certain standards, and some people belong to each * * *.

First of all, we should confirm the agreed nature of property division, regard it as the unity of family members' expression of will, and it is a multi-party legal act that respects the autonomy of all family members. At the same time, this kind of autonomy cannot violate the provisions of the inheritance law.

Therefore, the separation form must at least be signed by the person who has the right to dispose of it, because it may involve the situation that the family owns the same property.

Three, the distribution of rural brothers contracted land and private plots

Legally speaking, rural plots are equivalent to contracted land, but the difference is that the government issues certificates of land contractual management rights, including homestead use certificates, to the land contracted by farmers, but so far it has not issued use certificates to the plots used by farmers, which makes it easy for farmers to have disputes over the land use rights of plots.

However, rural land contracting is carried out on a household basis. During the validity period of the land contract, it is no problem for family members to dispose and distribute through consultation.

Fourthly, the division of rural brotherly homestead.

If you don't separate households, it is possible that the homestead will not be approved. In this case, it is uncertain whether the homestead of the elderly is inherited by the younger son by default. For example, is there any case where the application for homestead approval is not approved? In addition, the homestead cannot be directly inherited, because its right attribute is collectively owned, and at most it can only obtain the right to use.

Whether the boss can get compensation during demolition depends on who used the homestead at that time. If it is determined that it is used by the younger brother, the boss cannot get compensation.

Brother, it's appropriate to divide it first. 3. How to divide property between brothers?

1, to distinguish between family property and personal property of family members. Property division can only be the division of family property, and personal property belonging to family members does not belong to the category of division.

2, the division of property should be based on the principle of fairness and rationality, the division of family property.

A good "production separation agreement" should have the following contents:

(1) Basic information of all parties to the agreement, including name, gender, date of birth, ID number, address, etc.

(2) the relationship between the parties to the agreement, the reasons for the formation and division of * * *.

(3) the physical condition and rights of the divided property.

(four) the principles, methods, methods and standards of property division.

(5) The physical status and rights of the property jointly owned by both parties to the agreement.

(six) the delivery and transfer conditions of the divided property.

(7) Price compensation and debt commitment.

Second, how does the law stipulate the distribution of parents' legacy children?

1, if there is a will, it will be distributed according to the will.

Since ancient times, people can make a will before they die, and they must distribute their property according to the will after they die. Therefore, when the property left by parents can be distributed directly through the will, it will not hurt the harmony with relatives and brothers, but also make the distribution more reasonable, respect the choice of parents, and will not let them see the disharmony of our family because of the property distribution problem.

2. If you only have one child, it generally belongs to you.

If your parents have only one child (biological child), then you are the first heir to the property, and you can completely get the property left by your parents. Of course, if your parents take in other children and bring them up, but if there is no will, legally speaking, only you have the right to inherit property.

When there are multiple brothers and sisters, everyone should share them equally.

For the property left by parents, the most difficult thing to solve is to discuss with your brothers and sisters how to distribute it. After all, for parents, the palms and backs of their hands are all meat, which is the same as heart pain. It is reasonable to say that it should be distributed equally, but everyone has selfishness. I wish my parents had left a will. If not, and your brothers and sisters want more inheritance, it will be more difficult to distribute it. In this case, it is better to discuss how to distribute the property in private.

4. If the father-son relationship is legally severed, the inheritance cannot be distributed.

If you have ever had a conflict with your parents, you have legally cancelled your parents' responsibility for you and severed the relationship between father and son. In this case, you can't distribute the property. Your parents' property can only be inherited by the nearest person except the first heir (you), such as his brothers and sisters, people with relatives.

5. If multiple brothers and sisters are not satisfied with the distribution, they can take legal action.

Generally speaking, if there is no responsibility for major accidents. Your brothers and sisters should share the property left by your parents with you, but many times they will be dissatisfied with the equal distribution plan, or you are dissatisfied (you take care of your parents more), you can sue to the court and strive for the best interests for yourself. This is not selfish, but a part of what you deserve.

3. What is the latest principle of inheritance distribution?

The principle of inheritance distribution refers to the principle that heirs should follow when dividing their inheritance according to law. According to Article 13 of the Inheritance Law, the following principles should be followed in the distribution of inheritance according to law:

1, the principle of equal division.

According to the Inheritance Law, "the share of heirs in the same order should generally be equal".

2. Reflect the principle of providing for the aged.

China's inheritance law stipulates that heirs who have special difficulties in life and lack the ability to work should be taken care of when distributing their inheritance. Which means more inheritance.

3. The principle of consistency between rights and obligations.