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Can one spouse sell their own house

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Can one spouse sell their own house


        

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  • 2024-06-20 22:01:42

    It can be bought and sold. If the other party claims to recover the house, the people's court will not support it.
    1. 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 (III), the provisions are as follows:
    Article 11 If one party sells the house jointly owned by the husband and wife without the consent of the other party, the third party purchases, pays reasonable consideration and goes through the property right registration formalities in good faith, and the other party claims to recover the house, the people's court shall not support it. If one spouse disposes of the jointly owned house without authorization and causes losses to the other party, and the other party requests compensation for losses at the time of divorce, the people's court shall support it.
    2. According to the Marriage Law of the People's Republic of China, Article 18 is as follows:
    Under any of the following circumstances, it shall be the property of the husband and wife:
    (1) Premarital property of one party;
    (2) Medical expenses, living allowance for the disabled and other expenses received by one party due to physical injury;
    (3) The property determined in the will or gift contract to belong to the husband or wife only;
    (4) Daily necessities for one party;
    (5) Other properties that should belong to one party. Article 17 of the Extended Data Marriage Law stipulates the scope of property that should be jointly owned by the husband and wife during the marriage relationship, that is, the following property that the husband and wife obtained during the marriage relationship should be jointly owned by the husband and wife:
    (1) Wages and bonuses refer to the wages, bonus income and various welfare policy income and subsidies of one or both parties during the existence of the husband wife relationship;
    (2) The income from production and operation refers to the income from production and operation of one or both of the husband and wife during the duration of the husband and wife relationship;
    (3) The income of intellectual property refers to the income of intellectual property owned by one or both of the husband and wife during the duration of the husband and wife relationship;
    (4) The property derived from inheritance or donation refers to the property derived from inheritance and donation by one or both parties during the duration of the husband wife relationship. The income from inheritance refers to the acquisition of property rights, not the actual possession of property. Even though they did not actually possess the property before the termination of the marital relationship, as long as the inheritance occurred during the duration of the marital relationship, the inherited property is also the joint property of the husband and wife, with the exception of the third item of Article 18 of this Law;
    (5) Other properties that should be jointly owned.
    (6) The housing subsidies and housing provident fund actually obtained or should be obtained by both parties.
    (7) The endowment insurance benefits and bankruptcy resettlement compensation actually obtained or should be obtained by both parties.
    (8) During the duration of the marriage relationship, the one-time expenses such as demobilization fees and self employment fees paid to the soldiers should be shared by some couples.

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