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How to Divide the Divorced Real Estate by Paying Down for Buying a House

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How to Divide the Divorced Real Estate by Paying Down for Buying a House


        

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  • 2024-06-26 10:01:42

    The court will bring a lawsuit to solve the property dispute when divorce occurs. Generally, the two parties will negotiate. If they can't negotiate, they can appeal to the court. The court will hear the case according to the actual situation of the property, such as whether one party's parents paid for the house before marriage or both parties' parents paid for the house before marriage, and whether the property owner is registered in the name of one party or the other party or both parties. If the house property certificate is not obtained, the court will only award the house property to which party to live and use. It cannot be awarded to which party. After the property ownership certificate is issued, another bank can sue which party owns the divorced property.
    2、 Relevant laws and regulations According to the 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 10 If one of the husband and wife signed a real estate sales contract before marriage, paid the down payment with their personal property and borrowed money from the bank, and used their joint property to repay the loan after marriage, and the real estate was registered in the name of the down payment payer, the real estate shall be disposed of by both parties through agreement at the time of divorce. If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may decide that the real estate belongs to the property right registration party, and the outstanding loans are personal debts of the property right registration party. The amount paid by both parties after marriage and the corresponding property appreciation shall be compensated by one party of property right registration to the other party according to the principle specified in the first paragraph of Article 39 of the Marriage Law at the time of divorce. Article 21 If, at the time of divorce, the two parties have a dispute over a house that has not yet obtained ownership or full ownership and no agreement can be reached through consultation, the people's court should not make a judgment on the ownership of the house, but should make a judgment according to the actual situation that the house should be used by the parties. After the parties concerned have obtained full ownership of the houses mentioned in the preceding paragraph, if there is a dispute, they may file a separate lawsuit in the people's court. Article 22 If the parents contributed to the purchase of a house for both parties before the marriage of the parties concerned, the contribution shall be recognized as an individual gift to their children, except where the parents clearly expressed that they would donate to both parties. After the marriage of the parties, if the parents contribute to the purchase of the house for both parties, the contribution shall be recognized as a gift to both parties, except that the parents clearly express that they will donate to one party. Therefore, if one parent contributed to the purchase of a house for both parties before the marriage of the parties concerned, the contribution should be recognized as a personal gift to their own children, except for those whose parents explicitly expressed the donation to both parties. At the time of divorce, the real estate shall be disposed by both parties through agreement. If the agreement cannot be reached, the people's court may decide that the real estate belongs to the property right registration party, and the outstanding loans are personal debts of the property right registration party. The amount paid by both parties after marriage and the corresponding property appreciation shall be compensated by one party of property right registration to the other party according to the principle specified in the first paragraph of Article 39 of the Marriage Law at the time of divorce. If you buy a house with the first payment from your parents, unless it is clearly stated that it is a gift to your children, it will be regarded as a gift to both the husband and wife, and it will be recognized as common property. If the husband and wife talk about divorce in the future, it will be necessary to divide such property.

    Zou***

    2024-06-26 10:01:42

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