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How to divide the house property after divorce is the most fair

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How to divide the house property after divorce is the most fair


        

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  • 2024-06-24 05:01:43

    1. Division of houses with completely private property rights in divorce
    (1) Actual segmentation. If private houses can be actually divided, for example, if the houses are not in one place, or if they are in one place but can be divided into different households, the division of property rights should be considered first. Generally, the principle of average division is adopted. However, if one party has no source of income or has other difficulties, such as suffering from serious disease, it can be given more points; If there are children, the party who raises the children shall receive more points. If it is not possible to divide equally, for example, the area is not equal, the structure is not the same, and the new is different from the old, under the premise that both parties can obtain housing, depreciation compensation, pricing compensation and other methods can be used for division.
    (2) Discount segmentation. In fact, many houses are not suitable for actual partition. Considering the use efficiency of houses and the convenience of life, such houses can be divided at a discount. The party who obtains the property right of the house shall compensate the other party. The amount of compensation shall take into account the current estimated price of the house, which is generally determined by both parties through negotiation or through bidding.
    2. In the process of the reform of the split urban housing system in the case of divorce of some private houses with property rights, many units have adopted preferential policies for employees to sell houses according to the salary, position, rank, actual living years and other preferential standards. This kind of house is characterized by that the property owner has the right to register property rights and inheritance rights, but the right of return and disposal of ownership are subject to certain restrictions. It is called partial property houses. The division of partially private houses with property rights in divorce should be handled according to the following principles:
    (1) The employees of the preferential housing unit enjoy the property right of the house. Generally speaking, the objects of preferential housing sales of the unit are only the employees of the unit, and the property right registrant is the employees of the unit. If the husband and wife are not in the same unit, the preferential housing sales unit at the time of divorce generally does not allow the non employees of the unit to enjoy the preferential housing property rights. Therefore, unless the preferential selling unit agrees, the property right of the house is generally determined to be enjoyed by the employees of the unit, and the party obtaining the property right will give corresponding compensation to the other party.
    (2) The real house price should be higher than the purchase price. Based on the preferential nature of preferential housing, the purchase price is far lower than the actual price. If the original purchase price is used as compensation for division, it is obviously unfair to the party who has not obtained the property right. When dealing with such houses, we usually consider the situation of the purchase at that time, combined with the current situation, and based on the actual house price, compensate the other party.

    W***

    2024-06-24 05:01:43

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