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How to solve the divorce property disputes

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How to solve the divorce property disputes


        

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  • 2024-06-26 14:00:58

    When the husband and wife dissolve the marriage relationship, if the house property is purchased by one party with full payment before marriage, the house property belongs to the purchaser, which is generally not controversial. The controversial issue is often how to divide the property jointly owned by the husband and wife. According to the provisions of the Marriage Law and its judicial interpretation, at the time of divorce, the value and ownership of the property jointly owned by the husband and wife should be handled by both parties through agreement. If an agreement can be reached, a divorce agreement should be signed according to the negotiation results. If no agreement can be reached, a lawsuit can be brought to the people's court, which will deal with the following three situations:
    (1) If both parties claim the ownership of the house and agree to obtain it through competitive bidding, they shall allow the party with the highest price to obtain the ownership of the house and make corresponding compensation to the other party;
    (2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house at the market price, and the party who obtains the ownership of the house shall give corresponding compensation to the other party;
    (3) If neither party claims the ownership of the house, the house shall be auctioned according to the application of the party concerned, and the proceeds shall be divided.
    In addition, if the ownership share is not clear, it is generally divided equally. If it is agreed that there is a share in the ownership registration, it shall be divided according to the agreed share.
    In practice, the division of houses during divorce is quite complicated, and needs to be analyzed according to the actual situation, so I will not repeat it here.
    Legal basis:
    Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China
    (2) Article 20
    If both parties fail to reach an agreement on the value and ownership of the house in the husband and wife's common property, the people's court shall deal with it according to the following circumstances:
    (1) If both parties claim the ownership of the house and agree to obtain it through competitive bidding, it shall be permitted;
    (2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house at the market price, and the party who obtains the ownership of the house shall give corresponding compensation to the other party;
    (3) If neither party claims the ownership of the house, the house shall be auctioned according to the application of the party concerned, and the proceeds shall be divided.

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