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How to divide the housing reform house during divorce

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How to divide the housing reform house during divorce


        

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  • 2024-06-24 19:01:44

    The houses purchased according to the welfare policy, that is, the housing reform houses usually refer to the houses sold to employees according to the national housing reform policy. The division principles are as follows:
    1. Preferential policies for housing purchase: the principle of shared by both husband and wife The housing reform house is not the property allocated by the unit to individual employees, not the property of individual employees, nor the common property of families including other family members, but the common property of husband and wife
    2. The principle of taking care of the legitimate rights and interests of women and children should be conducive to the healthy growth of children. The side raising children should be given care. When the conditions are basically the same, the woman should be taken care of
    3. The principle of giving consideration to the interests of the housing sales unit, especially the housing reform with partial property rights, is that the unit is the co owner of the house by shares and has the priority to buy back the house
    4. There are two main ways to divide the real estate: one is the sale division method, which can sell the housing reform house at the market price and then divide the price; the other is the competitive division method. Under the auspices of the people's court, the parties determine that the property right of the house belongs to the highest bidder through open mutual bidding, The judicial interpretation of the Marriage Law published by the Supreme People's Court if the divorce party cannot reach an agreement on the value and ownership of the housing reform house in the way of housing division in which the other party receives the corresponding compensation
    (2) It is clearly stipulated that if one party claims the ownership of the house according to the market price, the appraisal agency shall evaluate the house according to the actual market value of the house, instead of determining the value of the house according to the purchase price paid when acquiring the house property, and the party acquiring the ownership of the house shall give corresponding compensation to the other party; If neither party claims the ownership of the house, the house shall be auctioned according to the application of the party concerned, and the income shall be divided. Article 19 of the interpretation stipulates that: for the house rented by one party before marriage and purchased with common property after marriage, the house ownership certificate shall be registered in the name of one party, It should be recognized as the joint property of husband and wife Article 20 stipulates that if the two parties cannot reach an agreement on the value and ownership of the house in the joint property of husband and wife, they can take bidding, evaluation How to divide the mortgaged house when divorcing by auction and other means? This is to analyze the process of divorcing and dividing the property according to the specific situation when buying the house by mortgage. The division of the property is a difficult point. Many divorced couples can't reach an agreement on the division of the property. Finally, they go to the court to avoid unnecessary disputes when divorcing and dividing the property, It is better to consult the marriage expert lawyer in advance to seek the most perfect real estate division scheme

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