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Can houses with incomplete ownership be divided in divorce

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Can houses with incomplete ownership be divided in divorce


        

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  • 2024-06-09 20:00:49

    The house with incomplete ownership at the time of divorce can be divided, and it shall be divided by agreement between the husband and wife first. If the agreement fails, a lawsuit can be brought to the court on the division of the house property, and the court will make a judgment according to law. Because it is not appropriate for the people's court to judge the ownership of the house, it should be decided by the parties according to the actual situation. After the parties concerned have obtained full ownership of the houses mentioned above, if there is a dispute, they may file a lawsuit to the people's court separately.
    Legal basis:
    Article 77 of the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China Marriage and Family Code (I)
    If at the time of divorce, both parties have a dispute over the house that has not yet obtained ownership or full ownership, and negotiation fails, 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 the parties concerned have obtained full ownership of the houses mentioned in the preceding paragraph, if there is a dispute, they may file a separate lawsuit in the people's court.

    You***

    2024-06-09 20:00:49

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