Is a house being paid in installments an inheritance?
(Baonghean.vn) - Ms. NMH in Vinh city asked, her relative bought a house and is paying in installments. However, before completing the payment obligation, her relative had an accident and died. Ms. H asked: So is the house that her relative is paying in installments an inheritance?
Reply:
Article 612 of the 2015 Civil Code stipulates that inheritance includes: The deceased's separate property acquired during his or her lifetime, such as the separate property of the couple, property that the person was given separately, or inherited separately...; The deceased's property that is part of the common property with others, that is, the deceased's property along with other co-owners, such as the deceased's property in the common property of the couple, the property of this person in the land use rights of the household... It can be seen that any property owned by the deceased is considered an inheritance. And if this person leaves a will, the inheritance will be divided according to the will. If there is no will or the will is illegal... the inheritance will be divided according to the law based on the deceased's inheritance line. Therefore, the house of your relative, even though it is being paid in installments, is still considered an inheritance.
If before death, your relative leaves a will to dispose of this house, the person who receives the inheritance according to the will will carry out the deceased's wishes. If the person who leaves the inheritance does not leave a will, the inheritance, including the house being paid for in installments, will be divided according to the law.
Clause 2, Article 125, Housing Law 2014 stipulates that if the home buyer who pays in installments dies during the deferred payment period, the legal heir shall continue to exercise the rights and obligations to pay for the house of the deceased. After paying the full amount for the house to the seller, the heir shall be granted a Certificate of house ownership by the competent authority in accordance with the provisions in the name of the heir. The performance of property obligations left by the deceased shall be carried out in accordance with the provisions of Article 615, Civil Code 2015.
In addition to the case of buying a house by installments or deferred payment according to Article 125 of the 2014 Housing Law, there is also the form of installment purchase from the bank. Regardless of the form, the house being paid in installments is still an inheritance. However, to divide the inheritance as a house being paid in installments, it is necessary to base on each specific case to have a reasonable solution./.
