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How to distribute the house property after divorce

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How to distribute the house property after divorce


        

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  • 2024-06-26 02:00:03

    House property is the largest and most valuable property of the general family. When the marriage relationship is dissolved, the division of the joint house property of the husband and wife is a focus issue. Before discussing how to divide, first clarify two concepts: what is the personal house property and what is the joint house property. The so-called personal house property of the husband and wife refers to the pre marriage of the husband or wife (subject to the marriage registration date) Unless otherwise agreed by the parties concerned, the property owned by the husband or the wife and not transferred to the joint property of the husband and wife due to the continuation of the marriage relationship mainly refers to:
    (1) One party has obtained all property rights or paid all purchase money before marriage registration;
    (2) The real estate that is clearly determined in the will or gift contract to belong to the husband or wife only, the so-called joint real estate of husband and wife, refers to the real estate acquired by both husband and wife during the duration of marriage, that is, from the date of marriage to the divorce of husband and wife or the death of one spouse, mainly refers to:
    (1) The house property acquired from the purchase of the income and property of both parties or one party after marriage;
    (2) The property inherited or donated after marriage, except for the property that is determined to belong to the husband or wife only in the will or gift contract. In judicial practice, the principle of the people's court in dealing with the division of the husband and wife's joint housing during divorce is that, on the premise of adhering to the equality of men and women, the legal rights and interests of children and women are taken care of and protected as follows:
    (1) A house leased by one party before marriage and purchased with common property after marriage shall be recognized as the joint property of husband and wife if the house ownership certificate is registered in the name of one party
    (2) After marriage, if both parties have expanded the houses owned by one party before marriage, the expanded houses shall be treated as the joint property of the husband and wife
    (3) If both parties fail to reach an agreement on the value and ownership of the husband and wife's joint house, the people's court shall deal with it according to the following circumstances:
    (1) If both parties claim the ownership of the house and agree to obtain it through competitive bidding, it shall be permitted;
    (2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house at the market price, and the party who obtains the ownership of the house shall compensate the other party accordingly;
    (3) If neither party claims the ownership of the house, the house shall be auctioned according to the application of the party concerned, and the proceeds shall be divided
    (4) If at the time of divorce, the husband and wife have a dispute over the house that has not yet obtained the ownership or full ownership and negotiation fails, the people's court generally does not decide the ownership of the house, but according to the actual situation, after the party uses the house to obtain full ownership, the party still has a dispute, May file a separate lawsuit to the people's court to request that the husband and wife's joint house be divided according to law
    (5) Before the marriage of the parties, if the parents contributed to the purchase of houses for both parties, the contribution should be recognized as a personal gift to their children, except for those whose parents explicitly expressed that they would donate to both parties. If after the marriage of the parties, their parents contributed to the purchase of houses for both parties, the contribution should be recognized as a gift to both parties, except for those whose parents explicitly expressed that they would only donate to one party

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