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The house is bought by the parents in law. Can divorce property be divided

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The house is bought by the parents in law. Can divorce property be divided


        

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  • 2024-06-20 16:00:58

    [Legal Opinion]
    Whether the divorce party has the right to share the house purchased before marriage depends on the actual situation.
    1. If one party signs a contract to purchase a house with full payment before marriage, the house is registered in the name of one party, and the house belongs to the registrant's personal property before marriage, and the other party has no right to divide the property right of the house in divorce.
    2. If one party signs a contract to purchase a house before marriage, the house shall be registered in the name of the other party. The house shall be owned by the registrant at the time of divorce, and appropriate compensation shall be given to the other party.
    [Legal Basis]
    Article 10 of the Marriage Law (Judicial Interpretation III), if one of the spouses signed a real estate sales contract before marriage, paid the down payment with personal property and borrowed money from the bank, and used the joint property of the spouses to repay the loan after marriage. If the real estate is registered in the name of the down payment payer, the real estate shall be handled by both parties through agreement at the time of divorce.
    If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may decide that the real estate belongs to the property right registration party, and the outstanding loans are personal debts of the property right registration party. The amount paid by both parties after marriage and the corresponding property appreciation shall be compensated by one party of property right registration to the other party according to the principle specified in the first paragraph of Article 39 of the Marriage Law at the time of divorce.
    Article 18 of the Marriage Law.
    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) Property specified in the will or gift contract to belong only to the husband or wife
    (4) Daily necessities for one party
    (5) Other properties that should belong to one party.

    Han***

    2024-06-20 16:00:58

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