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What is the special situation of divorcing a house

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What is the special situation of divorcing a house


        

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  • 2024-05-26 13:00:42

    The special circumstances of divorcing the property are as follows:

    1. The division of the house property that is jointly funded to buy a house after marriage;

    2. The division of one spouse who paid the full amount and obtained the property certificate before marriage;

    3. The division of the house where one of the husband and wife obtained the house property certificate for their pre marital mortgage purchase and both of them paid the loan together after marriage.

    [Legal Basis]

    Article 77 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of China (I): If at the time of divorce, both parties have a dispute over a 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.

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