Divorced property

What is the principle of divorce property division

1. The principle of equality between men and women

yes Conjugal property Both husband and wife have equal ownership and handling rights.

2. Principle of protecting the rights and interests of women and children

On the whole, the economic situation of women in China is still worse than that of men. To ensure that women are not affected by economic problems divorce The exercise of rights will not lead to a serious decline in living standards due to divorce, or even lead to difficulties in life. stay Divorce property division A ruling should be made that favors the protection of women's rights and interests.

In addition, in order to ensure the healthy growth of the next generation and prevent them from experiencing drastic changes in their living standards after their parents' divorce, they should deal directly with the division of common property raise One side of the child will be given preferential care.

3. Principle of caring for the innocent party

For divorce cases caused by one party's fault, the innocent party should be taken care of when dividing the joint property of the husband and wife.

4. Principles conducive to production and life

How to Divide Divorced Real Estate

I Marriage registration front House purchase 、 Handle property ownership certificate Of

1. Signed before marriage registration House purchase contract , if the house payment has been paid in full, the house property is an individual prenuptial property , of paraphernalia In divorce, it cannot be divided as the joint property of husband and wife.

2. If only a contract is signed before marriage registration, and the full payment or down payment is made after marriage for loan payment, the house property is the joint property of the husband and wife, and can be divided as the joint property of the husband and wife when divorce occurs.

3. Before marriage registration, the down payment of housing fund shall be paid, and the rest shall be paid for loans. If one party's name is on the property ownership certificate, the housing property itself shall be personal premarital property, but the part of loan repayment after obtaining the certificate shall belong to the joint property of the husband and wife, and property division can be required in divorce.

4. Before the marriage registration, the down payment of the house price shall be paid, and the rest of the loan shall be paid. If the property ownership certificate indicates one spouse and one spouse's parents, the house property itself shall be the common property of the other spouse's family, and the mortgage payment shall depend on the specific circumstances Loan contract However, if the lender is only one of the husband and wife, and one of the parents does not participate in the repayment of the loan as a lender (need to have a bank repayment certificate and other documents to prove), the part of the loan repayment after the marriage registration belongs to the joint property of the husband and wife, and the property division can be required at the time of divorce.

2、 Buying a house after marriage registration and obtaining a property certificate

1. After receiving the certificate, whether the contract is signed by one party or both parties at the time of purchase, and whether the property certificate is written by one person or two persons, it belongs to the joint property of the husband and wife. When divorce occurs

How to handle divorce property transfer procedures

First step, prepare Property transfer Materials

1、 Divorce judgment And copies thereof;

2. Property ownership certificate (including co ownership certificate if any);

3、 ID Description and copy;

4. Property registration application.  

Step 2: Procedures of property transfer

We have prepared the materials needed for the property transfer, and then we will go to the housing management department to handle the property transfer procedures.

1. Go to the trading center for transfer;

2. Go to the Housing Authority for exemption Deed tax apply;

3. Go through the formalities of property division registration and pay the registration fee;

4. Evidence collection.

Fees for the transfer of divorced property

1、 Tax category:

1. Deed tax:

Divorced property Treatment of whether the transfer is subject to deed tax: if the husband and wife divorce, the deed tax will not be levied if the joint property is re divided or belongs to one party. If the ownership of the property originally owned by one of the husband and wife changes at the time of divorce, the deed tax shall be levied according to the act of donation.

2、 stamp duty : The real estate ownership certificate is 5 yuan each.  

2、 Fees:

1. Registration fee: for housing, the obligee shall pay 80 yuan per house, and for non housing, the obligee shall pay 550 yuan per piece; For the registration of affordable housing, a registration fee of 40 yuan shall be paid for each housing.

2. Transfer fee: 6 yuan per square meter for housing, 50% of which shall be borne by both parties; The service charge for non housing transfer shall be paid at 18 yuan per square meter, and 50% shall be borne by both parties

How to deal with divorce property disputes

（1） The house purchased by one of the spouses before marriage, and all the house payments are paid off, should belong to one of the spouses prenuptial property , in case of divorce, the other party has no right to ask for division

1. Obtaining property right certificate before marriage

The premarital property of one party shall be the property of the other party. The property owned by one of the husband and wife shall not be transformed into the joint property of the husband and wife due to the continuation of the marriage relationship.

2. Obtaining property right certificate after marriage

In case of divorce, the other party has no right to request the division of the premarital property belonging to one party.

（2） After marriage, the house purchased by one spouse with his or her own premarital property shall belong to the premarital property of one spouse. At the time of divorce, the other spouse shall not have the right to ask for division

This involves the ownership of the house purchased by one spouse with his or her premarital personal savings or funds from his or her premarital property. Since this is only a change in the existing form of the original property value, the value of the house was acquired before marriage, which is called "never changes without his or her family", so it should be recognized as the personal property of one spouse. At the time of divorce, the other spouse has no right to ask for division

Do you have to pay tax for divorce property transfer

I Divorced property Do I have to pay tax for transfer

For couples who apply for housing due to divorce Ownership transfer , belonging to the change of co ownership of the property, according to relevant laws statute The provisions of, Divorce property division It is free of transaction tax. The procedures for handling the transfer of divorce property rights are as follows:

1. Go to the notary office for notarization of property division (the cost is about 500-800 yuan) (Note: if any Divorce judgment This step can be avoided, that is, notarization is not required);

2. Go to the trading center for transfer (generally available on the same day);

3. Go to the Housing Authority to apply for exemption from deed tax (about 10 working days);

4. Go through the registration procedures of property division (about 7 working days) and pay a registration fee of 50 yuan;

How to write the divorce property division agreement

First write the title Divorce property division The agreement, secondly, states the names, birth dates, current addresses and other information of both parties, as well as the specific division of the property by both parties. Finally, the agreement is in triplicate, with each party holding one copy, Marriage registration One copy shall be filed by the authority and signed by both parties.

After divorce, the most important thing between the two parties is the two parties Conjugal property If the property contains real estate, it needs to be divided. After the division, both parties should write an agreement to sign. Now let's follow Nomogram Let's see how to write the divorce property division agreement.

Model 1:

Housing division Divorce Agreement model

Party A: Fang XX, male, born on XX day, XX year, residing at No. XX, XX road, XX city, ID No.: xxxxxxxxxxxx

Party A: Wang XX, female, born on XX, XX, living at XX, XX Road, XX City, ID No.: xxxxxxxxxxxxxx