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The house was bought by my parents. The property certificate is my name. My parents are going to divorce and divide the property

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The house was bought by my parents. The property certificate is my name. My parents are going to divorce and divide the property


        

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  • 2024-06-23 12:00:02

    1、 The house property certificate obtained by the man's premarital investment (including loans), although the house property certificate is a property right certificate and a legal certificate to prove the ownership of the house, it does not mean that the house obtained after marriage should be the property after marriage, or the property source should be divided into two parts before marriage and after marriage.
    2、 Other situations of the property ownership after marriage in the new marriage law:
    1. Both husband and wife make contributions (including loans) after marriage to obtain the property right of the house, and the division of the house after divorce
    First of all, clarify the property right. No matter the name of one party or both parties on the property certificate, it is common property. Secondly, the output value, that is, the value of the house, should be calculated according to the market price, not the amount of the original purchase contract. Thirdly, distinguish the equity part from the debt part. If the loan is involved, the loan should be removed first. That is to say, the party who obtains the house pays half of the house value of the party who has not obtained the house, and the party who has obtained the house repays the remaining principal and interest separately.
    2. One of the husband and wife paid all the house money before marriage and obtained the house property certificate. The house was divided when divorce occurred
    According to the Judicial Interpretation (II) of the Supreme People's Court on the Marriage Law, since one of the spouses paid all the house money before marriage and obtained the property certificate, the house is pre marital property. Therefore, at the time of divorce, the other party has no right to ask for division.
    3. One of the husband and wife bought a house through mortgage loan before marriage and obtained the house property certificate. The house that the husband and wife repay the loan together after marriage is divided into houses after divorce
    Although the house is purchased by one party before marriage, the appreciation of the house after marriage and the repayment of the loan jointly shall be regarded as common property unless otherwise agreed by both parties. It should be noted that the part of joint repayment, whether by one party's personal salary or by both parties' salaries, should be recognized as the joint property of husband and wife. Of course, if one party can confirm that its loan repayment fund comes from personal premarital property, then this part should not be recognized as joint property of husband and wife.
    4. If one of the husband and wife paid part of the house money before marriage, but only obtained the house property certificate after marriage, the house that the two parties jointly repay the loan after marriage, and the division of the house after divorce
    Although the house property certificate is a property right certificate and a legal certificate to prove the ownership of the house, it does not mean that the house obtained after marriage should be the property after marriage, or the property source should be divided into two parts before marriage and after marriage.
    5. One of the husband and wife paid part of the house money before marriage, and then paid the loan together after marriage, or one of the husband and wife paid the loan with personal property, but the house appreciated, and at the time of divorce, the division of the house that has not yet obtained the house property certificate
    According to the provisions of Judicial Interpretation (II) of the Supreme People's Court on the Marriage Law, if at the time of divorce, the two parties have a dispute over the house that has not yet obtained the ownership or the ownership has not been fully obtained and cannot negotiate, the people's court should not judge the ownership of the house, but should make a judgment according to the actual situation that the house should be used by the parties. After obtaining the house property right certificate, either party shall file a lawsuit to the court separately. In addition, the relevant interpretation of the First Civil Division of the Supreme Court is clear, and the scope of ownership of houses that should not be judged by the court includes:
    (1) Purchase of welfare policy housing (2) purchase of commercial housing (3) purchase of affordable housing. When purchasing the above three types of houses, the court should not make a direct judgment on the ownership of the house if the house property certificate has not been obtained at the time of divorce.
    6. The housing purchased by parents and the division of the housing after the divorce of children
    According to Article 22 of the Judicial Interpretation (II) of the Supreme People's Court on the Marriage Law, the contribution made by parents before the marriage of both parties shall be deemed as a gift to their children, unless otherwise agreed, the contribution made by parents after the marriage of both parties shall be deemed as a gift to both parties, unless otherwise agreed.
    In practice, there is another situation: during divorce, one party suddenly proposed that the money to buy the house was borrowed from parents, not given by parents, and took out the IOU to prove it. In this regard, the general approach of the court is to first look at the attitude of the other party. If the other party does not recognize it, the court generally does not conduct a substantive review of whether the creditor's rights and debts are established, because the creditor cannot participate in the proceedings as a third person. Therefore, in such cases, the court will tell the party claiming to borrow money to file a separate lawsuit while dividing the house.
    7. The house property certificate has the name of a third person, and the division of the house after divorce
    In addition to the names of both husband and wife, there are also children's names or parents' names on the property certificate. In this regard, the court generally does not actively add a third person, but takes the following measures:, Divide the houses shared by the husband and wife.
    8. Both parties paid for the house before marriage, but the house property certificate obtained before marriage only has one party's name. The division of the house after divorce
    In the case of divorce under the above circumstances, if one party with a name on the property certificate does not admit that the other party paid money when buying the house, and believes that the house belongs to his personal property before marriage, it will not be divided. The court of the other party's rights and interests is unable to protect if it cannot prove that it has contributed capital and is not a gift to one party. That is to say, even if the other party paid money, but could not prove the investment behavior, the court could not judge one party to give appropriate compensation.

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