Legal problems about stepmother

1. You don't need to go through your stepmother to apply for a guardian. As an adult child, you are also qualified to be a guardian. But before you graduate and become independent, the guardianship court will generally consider you as your stepmother, unless you have proof that she violated your father's property.

2. "Did they give me a house and a book? Isn't this house mine? Must go to the relevant units to go through the formalities? " Yes, if they want to give you the house, you must insist on transferring it to your name. The procedure is: let them write down the gift agreement and sign it together, then go to the notary office with you to notarize the gift agreement, and then go to the Housing Authority to handle the transfer and turn the real estate license into your name: you can rest assured.

1, you are 20 years old and studying in a university: according to the law, what's more, your stepmother is your biological mother. If she doesn't want to give it to you, you have no right to ask her for tuition, living expenses and other support. So, legally speaking, if she can't help you solve this problem, she can still give you 50 yuan a month, which is not bad, although in the traditional concept of China people, it may be that her biological parents will generally bear it.

2. Your countermeasures:

(1) Self-reliance, trying to solve their living expenses, including: earning money by working part-time, applying for student loans, striving for scholarships, etc.

(2) Never mind her attitude: she is cold and violent to you, but you are still warm to her. You often chat with her, care about the girl's study, and strive for her to give you more support.

3. "She took all the subsistence allowances from my family and put them at her mother's place": It's no problem for her to keep the real estate license, but you should still have the subsistence allowance, and you have the right to get your share.

4. "If this woman changes all my rooms to her name, I will tell her if there is any possibility of success";

(1) If this house was owned by your father before he married her, you will definitely win, because: this house belongs to your parents and husband, and it is half of your mother's property. After your mother died, this house belongs to you, your father, your grandparents (if your mother was still alive when she died) * * * with * * *, no.

(2) Even if this house was bought by your father after your mother died, this house is your father's personal property before marriage. Without your father's consent, your stepmother has no right to transfer ownership, and your father can claim invalidity (but you have no right to "sue" at this time).

(3) If the house was bought after your father and your stepmother got married, your stepmother can transfer it to her name with your father's consent, and you have no right to interfere at this time.

5. "My dad is in a fog every day. He has mental problems and a disability certificate ";

(1) If your father is really mentally ill and your stepmother is also the legal guardian, she has the right to dispose of your father's property: this is the worst for you.

(2) If you have evidence to prove that your stepmother transferred your real estate license to her own name and infringed on the property of the ward (your father), you can bring a lawsuit to the court and request to change your father's guardian to you: then your father's property can be supervised by you, and if she wants to move again, she must have your consent.

But if you have no evidence to prove that she violated your father's property rights and interests: it is difficult for you to apply to the court to change your guardian, because: she is a wife and the guardianship order comes first; Although you are an adult and qualified to be a guardian, it is difficult to monitor your father because you are still at school and cannot be independent.

6. "I asked her to rent out my wedding rent. The name should be my father's Is it possible for me to come over now? " If the name on the property ownership certificate is your father's, you have no right to ask your stepmother for the house, unless the house is your father's property before they get married (compare the time when the property ownership certificate was obtained with the time registered in their marriage certificate), and the gift agreement given to you by your father says that the house belongs to you, or your name is on the property ownership certificate. Only under the above circumstances can you have the right to "get it back", otherwise you have no right to ask your stepmother for a house.

7. Recommendations:

(1) First, go and see what your father wrote about his disability. If he is mentally ill, but only intermittently, he may be able to take action: you can ask your father to write a gift agreement or will and notarize it, stating that this house is yours: if this house was your father's property before remarriage, and your father has a will or gift agreement, you can get all the property; If they buy the property after remarriage: your father's will or gift agreement can only guarantee half of your property.

(2) If there is the above will or gift agreement, you can claim that all or part of the rental income of the house belongs to you after the house is registered as the owner or owner.

8. About your father's legacy after a hundred years:

(1) When your father has a will, he will inherit according to it, and when he has no will, he will inherit according to law. You, your stepmother, that girl and your grandparents (if your father was still alive when he died) will inherit all your father's inheritance.

(2) Your father's legacy includes: your father's personal property before remarriage+half of the same property of the remarried couple.