How to distribute the small property property after divorce

The common property relationship between husband and wife is based on the existence of the marriage relationship. When the marriage relationship is dissolved, the common property should be divided. Article 39 of the New Marriage Law stipulates the principle of divorce property division, that is, "At the time of divorce, the joint property of the husband and wife shall be handled by both parties through agreement; if no agreement is reached, the people's court shall make a judgment on the principle of taking care of the rights and interests of children and women according to the specific circumstances of the property." In rural areas, "the rights and interests of the husband or wife in the family land contract management shall be protected according to law."

2024-07-01 09:40:03 2491 people helped

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How to distribute the small property property after divorce

If husband and wife want to handle Divorce procedure In the real estate issue house with limited property rights If it is considered to be the joint property of the husband or wife, they can negotiate according to their own wishes and carefully discuss how to reasonably distribute this part of property.
If we can't reach a consensus on this, we can also bravely take up the legal weapons have jurisdiction over Filed by the court litigation To seek judicial decisions.
However, in the process of hearing cases, the court divorce At the time, the residential type housing that has not yet obtained the ownership certificate (i.e. the certificate of small property right housing) will usually make an undivided treatment decision.
Even if some decisions are made in this case, only a clear judgment will be made on the use of the residence. 《 Civil Code 》Article 1087
At the time of divorce common property It shall be handled by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and the innocent party.
For the husband or wife in the family land contract The rights and interests enjoyed in operation shall be protected according to law.

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