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土改后,农村的房屋一般都按户颁发了“土地房屋所有权证”,明确了房屋的所有权归属,但经过土改取得房屋所有权的原户主,其家庭成员内部发生房屋继承,分割时应如何认定房产权是归参加土改的家庭成员所共有,还是归土改确权不变的原户主所有(其户主家庭子女无论是否参加土改均不享有所有权份额),这在审判实践中颇有争议。第一种观点认为:房产权应归被确权户的家庭成员共有,其理由和依据是:1.土改时颁发的土地证并未区别分到房屋的贫、雇农户(全部或部分取得)相房屋情况没有变化的贫下中农户,故其效果应当具有一致性。
After the land reform, the rural houses are generally issued a “land ownership certificate”, clearly ownership of the ownership of the house, but after the land reform to obtain ownership of the original homeowners, their family members within the housing inheritance, division should be how to identify the room Property rights are owned by the family members participating in the land reform, or by the original homeowners who have the right to change the land (no change in the ownership of their own property whether or not they participate in the land reform). This is quite controversial in trial practice. The first view is that the property rights should be owned by family members of the affirmed households for the following reasons and justifications: 1. The land certificates issued during the land reform do not differ from those of the poor and hired farmers (acquired in whole or in part) In the meantime, there is no change in the housing situation of poor and middle peasant households, so the effect should be consistent.