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How to divide the house property after divorce

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How to divide the house property after divorce


        

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  • 2024-05-25 07:00:29

    First, it depends on whether the house is bought before or after marriage. If it is bought before marriage, it is the personal property of one party before marriage, and the other party has no right to divide it.

    If one party bought it before marriage but added the other party's name before or after marriage, it belongs to the common property of both parties and can be divided.

    Secondly, if the house is bought after marriage, even if there is only one person's name, it belongs to the joint property of the husband and wife and should be shared equally.

    Finally, whether it is pre marital or post marital purchase, if the loan is repaid together, no matter whether the other party has income or actually repaid the loan after marriage, the part of joint repayment of the loan and the value-added part after marriage should be shared equally by both parties.

    In addition, if the house property certificate has not been obtained, the court generally will not make a judgment on the ownership of the house, but will only make a judgment on the right of residence and use according to the situation.

    [Legal basis] Article 1087 of the Civil Code states that at the time of divorce, the joint property of the husband and wife shall be handled by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and the innocent party.

    The rights and interests enjoyed by the husband or wife in the household land contractual management shall be protected according to law.

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