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How to divide a house bought with borrowed money after divorce

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How to divide a house bought with borrowed money after divorce


        

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  • 2024-06-27 05:00:49

    1. The property acquired after marriage is the joint property of the husband and wife, and the debts incurred are joint debts.
    2. At the time of divorce, the obtained property can be divided through negotiation or litigation.
    3. The party who obtains the property needs to compensate the other party's contribution and appreciation, and the remaining outstanding debt belongs to the personal debt of the party who obtains the property.
    4. Interpretation 2 of the Marriage Law stipulates: 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.

    E***

    2024-06-27 05:00:49

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