Five, Housing Inheritance of property disputes
　　
52, succession occurred was performed in the general principles of the civil law, the heir of unauthorized sale, reconstruction of rebuilding the total housing, belonging to the infringement behavior, the other heirs against the prosecution should be the limitation of action shall apply to the general rules of civil law.
　　
53, according to the Supreme Court "on the implementation of" of civil law of the people's Republic, opinion (Trial) "the provisions of article 177th of the spirit, the marital relationship continues to exist, a party shall have the right to inherit the legacy of housing, in succession after the start, the heir to obtain the ownership, the income of the husband and wife were.
　　
54, the decedent premarital individuals of all housing, marriage and spouse long-term (usually hold for more than ten years) the use of common management, as the joint property of husband and wife, half of which are heirs. One of the spouses before the house, after the long-term use common management, visible for the common property, only the relationship between husband and wife. A party legally acquired the property, not because of the long-term management together with other people using the considered joint.
　　
55, citizens will clear heritage houses do not give a specific legal heir, and no corresponding designated heritage by what people of inheritance, as long as it does not violate the provisions on "forced heirship inheritance law", meet the statutory form, should be identified the will, heritage from other distribution heir.
　　
56, "Inheritance Law" after the implementation of the testator, no signature, although have two or more witnesses and the testator's fingerprint or seal of the testator, in accordance with the "law of succession" seventeenth provisions of the third paragraph, shall be deemed the will invalid.
　　
57, inherited a notarial will of life before the groan do punish building property, no signature in a notarial will release, can not be notary notarial will; but as a scrivener wills originally or provided to the notary's since the book will have the original scrivener wills or self written wills legal conditions, can be determination of the testator or from the book will effectively.
　　
58, dispose of real property collateral requirements will put some, but not as a force condition, not binding for a testamentary successor will deny the unrealized requirements of wills

The 59 part, the heir contribution on the decedent housing additions or alterations, property ownership according to the following situation processing:

(1) the decedent before death, part of heir investment building, usually built of all people. But to be inherited into the name of the construction, identified as heritage, investors may be appropriate to multiple inheritance or give economic compensation.
(2) the death, part of heir funded, without other heirs agree, still identified as heritage, investors may be appropriate to multiple inheritance or give economic compensation.
(3) the death, part of the other heirs heirs to reconstruction, the property in accordance with the contract processing. There is no agreement and increase the part can be separated into independent, for the reconstruction of all. The original property value, and can not be independent from the building, should be given more heritage or make appropriate compensation.
　　
60, heritage house can be divided from the housing size, structure, a total number of comprehensive analysis that, the boundaries can not be divided to strict master. Can after segmentation were used, should be identified as can be divided.
　　
61, heritage house cannot be separated, can keep the joint ownership or tenancy in common, the parties adhere to the segmentation, can take the discount compensation mode. Valuation should be fair and reasonable. The heirs to the high bidder to obtain housing, determined by the heir bidding. By the court to hire professional sector valuation, according to commercial housing market price estimation.
　　
62, the decedent heritage of the housing distribution in different jurisdictions, may be tried together in the same case.
　　
63, successor to the successor did not violate the "general rules of the civil law" fifty-eighth stipulation, the back can't support. Successor to the scope of inheritance housing not clear, as all up.
　　
64, the plaintiff, heritage buildings and others are still in a common state or property disputes unresolved, belonging to the heritage of the scope is not clear, should inform the parties for property or right to bring litigation parties adhere to inherit, prosecution, but rejected the prosecution. Such as the heritage house belongs to the decedent and others at a total share clear, the parties prosecute inheritance, should be accepted, and judgment confirming heirs share. But part of the heritage of the segmentation be prosecuted.