Is The Wife Inherited Her Husband’s Private House?


Question- In 2010, my brother married, my parents gave my brother a house. When the procedure for donating the house above, in the certificate only my brother’s name.

In 2014, my brother had a traffic accident died, leaving no will. My brother and sister have no children. My parents asked for the house, but my sister-in-law did not agree and filed a lawsuit against my parents for the inheritance dispute. Please ask, in this case my parents have reclaimed the house or not? If not, how can my parents inherit?

Tram Thi Thu Dung (Phu Nhuan District, HCMC)

My husband's house is inherited

For her case, her brother-in-law was given a private home by her parents for her brother’s gut, so the house was privately owned by her grandmother.

Answer: – For your case, your brother was certified by your parents for his own house, so the house was privately owned by your brother. When your biological brother died to leave no will, the house became legacy inheritance law. Article 676 of the 2005 Civil Code provides for the legal heirs, including – Legal heirs are prescribed in the following order: The first line of inheritance consists of: wife, husband, father birth, foster father, foster mother, biological children, adopted children of the dead.

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Because his brother does not have children, according to Point a, Clause 1, Article 676 of the 2005 Civil Code, heirs at law for the house of his grandfather included three people: father, mother and wife of his grandmother.

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