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How to divide the house and property after divorce, and how to judge the children

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How to divide the house and property after divorce, and how to judge the children


        

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  • 2024-06-21 01:00:01

    1. One party donated by parents for house purchase:
    For example, the man's parents paid for the purchase of a house property, but the husband and wife did not give any money, but the name of the man and his parents was recorded in the column of obligee on the birth certificate. Now the husband and wife are facing divorce, and the wife claims that one third of the property rights in this house is the joint property of the husband and wife.
    When parents sell houses to their children, they should pay attention to that if the married parents of their children contribute to the purchase of houses for their children's junior couple, they should be recognized as a gift to the junior couple unless the parents clearly express that it is a gift to one of their children and the other is a "clearly expressed gift" to the parents, it must be made before the property right certificate is issued and there is evidence to prove that the best form is notarization. If the parents sign the gift contract after obtaining the property right certificate or when the younger couple is facing divorce, it actually violates the legal rights of the non child party.
    2. Pre marital public housing and post marital purchase of property rights:
    The man rented a public house before marriage and bought the public house with the joint property of the husband and wife after marriage, so that the public house was converted into a private house, but the name of the obligee on the property certificate was only one man. How to divide the house when the husband and wife face divorce
    Article 19 of the Interpretation of the Marriage Law (II) stipulates that "the ownership certificate of a house leased by one party before marriage and purchased with common property after marriage registered in the name of one party shall be recognized as the joint property of husband and wife." The connotation of "lease before marriage" is: if "lease before marriage" The public housing of is based on the welfare policy distribution of the unit. After marriage, the house is purchased as the property right house with the joint property of the husband and wife. When divorce, the house is taken as the joint property of the husband and wife. If it is "rented before marriage" The public house of is the property house that one party purchased with personal property before marriage and purchased with the joint property of husband and wife after marriage. When the property house is divided during divorce, the part of the use right purchased with personal property before marriage shall be determined as the remaining part of the lessee's personal ownership at that time.
    3. The share of property purchased after marriage is unequal:
    For example, after marriage, the husband and wife bought a small house property right certificate, which stated that the husband's share of property was 60, and the wife's share of property was 40. Now the husband and wife are facing divorce, how to divide the house
    This involves distinguishing the marital common property system and the marital property contract. Article 19 of the Marriage Law stipulates the marital property agreement system and that the agreement shall be in writing. If there is no agreement or the agreement is unclear, the joint property system of husband and wife shall apply. To grasp the marital property agreement system, the law stipulates that the written form must be used and the written form is clear and unique.
    The share of property right recorded on the property right certificate indicates that the specific property of the husband and wife, that is, the house, has been agreed in advance. Because the real estate transaction center will specify the share of the house on the property certificate according to the written agreement between the husband and wife when handling the property certificate. If the obligee of the property right certificate of the husband and wife after marriage is recorded in the name of one man, if there is no clear and only written agreement in advance that the property is the joint property of the husband and wife, it shall be divided equally in principle when divorce is divided.
    4. Individual down payment before marriage and joint repayment after marriage:
    For example, before marriage, the husband bought a commercial house with 50 personal property down payment and 50 mortgage loans. After marriage, the wife and the husband paid the loan together and the property certificate was recorded in the name of the man.
    Article 39 of the Marriage Law
    The joint property of the husband and wife at the time of divorce shall be disposed of by both parties through agreement; If no agreement is reached, the people's court shall make a judgment on the principle of taking care of the rights and interests of children and women according to the specific conditions of the property.
    Article 7 of the Third Judicial Interpretation of the Marriage Law
    After marriage, if the property right of the real estate purchased by the parents of one party for their children is registered in the name of the children of the contributor, it can be regarded as a gift to one of their children only according to the provisions of Item (3) of Article 18 of the Marriage Law. The real estate should be recognized as the personal property of the husband and wife.
    The property right of the real estate purchased by the parents of both parties and registered in the name of a child of one party can be recognized as shared by both parties according to their parents' share of capital contribution, unless otherwise agreed by the parties.

    s***

    2024-06-21 01:00:01

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