"When my boss heard that we were considering having a baby, he immediately suggested,' I can have a baby and divide the property more later', which shocked my wife and me." Not long ago, Mr. Li of Nanchang, Jiangxi said that he had bought a suite under his son's name before, and if he really regenerated another suite, there would definitely be disputes over property division in the future.
Mr. Li is a civil servant and his son is 18 years old. When the state introduced the policy of allowing two children, he and his wife, who was over 40 years old, discussed whether to have another child at the dinner table.
"My son immediately impatient. You are all so old that you have to have children. It's so different from me. Who would think it was my brother or sister? Maybe it's me. I'm afraid of misunderstanding, "Mr. Li said. After hearing his son's thoughts, the couple were surprised. Later, his son even said, "If you really want to have children, please promise to give me more when you divide the property."
Mr. Li said that these thoughts of his son made him and his wife afraid to think about it again.
Since the state introduced the policy of allowing two children, many families began to have two children, but more couples did not consider the complexity of dealing with family property after the birth of two children.
Lawyer Xiao Wenjun said that after giving birth to two children, parents should make reasonable adjustment arrangements for family property in time according to the physical health status, age gap and future care of their parents.
"According to the law, after giving birth to a second child, all the property of parents will generally be divided into two, and the property that Dawa will get in the future will naturally shrink by half." Xiao Wenjun said that children have equal inheritance rights, and both boys and girls have inheritance rights.
"After the family has a second child, the handling of property becomes complicated." Lawyer Luo Jiubao told his parents to dispose of their future property through wills, insurance and family trusts. If they are considering having two children, they should consider whether to change the above agreement. According to the provisions of the inheritance law, the will should reserve the necessary share of inheritance for the heirs who lack the ability to work and have no source of income.
Nowadays, many parents deal with the property under the name of minor children for various reasons, and some even have starving babies. Mr. Chen, a citizen of Nanchang, said that many friends, including himself, first bought houses in the name of their children, and then transferred the funds to their names.
"Now the trouble is coming. For couples who plan to have a second child, dealing with these property divisions is a headache. " Lawyer Luo Jiubao said that according to the law, after parents buy a house for their minor children, the house becomes their personal property and parents have no right to dispose of it without authorization. Even if the property is sold or mortgaged for the benefit of children, parents must provide legal evidence. Otherwise, once the child raises an objection and thinks that his parents have violated his legitimate rights and interests, both parents and real estate agents will bear the responsibility.
In addition, if parents buy a house, deposit money or buy a large amount of insurance in the name of their children, it is a gift of life, that is, the property registered in the name of their children should be owned by their children. According to Article 3 of the Inheritance Law, "Inheritance is the personal legal property left by a citizen when he dies", parents are not the owners of the above-mentioned property, so there is no problem of inheritance distribution.
There are two children:
Prenuptial agreement, guarantee, etc. It should be revised.
To have two children, we should not only arrange the property in advance, but also modify other issues in advance.
● Prenuptial agreement
Prenuptial agreements often stipulate the property ownership of both parties, but do not carefully consider the changes in the needs of children and families. The party who has the initiative in wealth, or the husband and wife who have agreed on AA system, should now consider repositioning each other's position and responsibility in the family and amending the relevant provisions.
● Marital property agreement
Many families have this agreement for various reasons, but the overall goal is that property and emotion can be well adjusted. Now that I have decided to add another child, can I do without family expenses, child support and education planning? Then, you have to take out the agreed terms, dry them and correct them.
● Letter of guarantee
This kind of "guarantee" is usually a so-called punitive commitment made by one party after making a mistake, and it is not certain whether each clause is effective! Therefore, by discussing the birth of two children, and then taking out the "guarantee" and rewriting it, it may be possible to amend the invalid clause by the way, thus truly becoming a guarantee. Don't despise this practice, who knows who has lived and who has lived.
● Insurance
If you are a risk-conscious and overall planning person, you must have bought insurance for yourself and your spouse long ago. Now that a new problem has come, remember to change the beneficiary information. The future two-child baby needs you to pay more money and energy! It is also necessary to add some insurance.