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How to distribute house ownership after divorce

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How to distribute house ownership after divorce


        

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  • 2024-06-27 05:00:49

    Article 7 of Interpretation 3 of the Marriage Law: For the real estate purchased by one parent for the children after marriage, if the property right is registered in the name of the children of the contributor, it can be in accordance with Article 18 of the Marriage Law
    (3) The provision of item (1) shall be regarded as a gift to one of his children only, and the real estate shall be recognized as the personal property of the husband and wife. If the property right of a real estate purchased by the parents of both parties is registered in the name of a child of one party, the real estate can be deemed to be jointly owned by both parties according to their parents' share of capital contribution, unless otherwise agreed by the parties. If a parent of one party makes capital contribution but the property right of the house is registered in the name of the other party, according to the daily rules of thumb, unless the party concerned can provide the written agreement or statement at the time of the parent's capital contribution to prove that the parents who make capital contributions clearly express their donation to the children's spouse, it should generally be recognized as a donation to both spouses; Of course, if one parent buys a house for their children after marriage and the property right is registered in the name of both the husband and wife, the house should be recognized as the joint property of the husband and wife.
    2、 Divorced house property is a house jointly owned by the husband and wife, which is jointly purchased and built by the husband and wife during the duration of their marriage relationship, or which is jointly invested and built by both parties before marriage, and shall be divided as the joint property of the husband and wife at the time of divorce. According to the interpretation of the Marriage Law
    (2) Article 20 stipulates that if both parties fail to reach an agreement on the value and ownership of the house in the joint property of the husband and wife, 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 compensate 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. The common practice of judicial practice is that shared houses can be used separately if they can actually be used separately. For those that cannot be divided for use, the price may be assigned to one party, and the other party shall obtain compensation. When determining the party to whom the house is distributed, the housing situation of both parties and the party who takes care of the child shall be considered. If the conditions of both parties are equal, the woman shall be taken care of.

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    2024-06-27 05:00:49

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