How to divide the divorced property
Due to the huge value of property, in divorce cases, real estate often becomes the core of property division. The property right of the house, the purchase time of the house and the investment of the house purchase will all be the factors that affect the division of the real estate. Therefore, dealing with all kinds of real estate problems has become a difficult point in divorce cases. In view of the real estate issues that may be involved in the divorce lawsuit, the reporter interviewed Zhao Sanping, a lawyer from Beijing Guangheng Law firm, and combed it one by one.
Ordinary commercial housing
A property purchased with full money before marriage
One party pays for the purchase in full, and registers it in his own name, whether the money is his own or his parents', it obviously belongs to the personal property before marriage.
One party pays for the purchase, but if it is registered in the other party's name, it needs specific analysis of the specific situation: for example, whether the two parties have an agreement on real estate, the reasons for registering in the other party's name, and so on. Generally speaking, there are two possibilities, one is to give it to each other completely, and the other is shared by both parties.
A fully funded purchase by one party shall be registered in the names of both parties and generally belong to co-ownership.
The investment made by both parties shall be registered in the names of both parties and shall be jointly owned.
If both parties contribute money and are registered in the name of one person, it is also necessary to analyze the specific circumstances of the case and combine the reasons registered in the name of one person to judge whether it is a gift or a loan from the investor to the other party.
A house with a loan or loan.
If the husband and wife sign a house sale contract before marriage, pay the down payment with personal property and make a loan in the bank, and repay the loan with the husband and wife's common property after marriage, and the house is registered under the name of the downpayment party, the house shall be dealt with by both parties through consultation at the time of divorce; if an agreement cannot be reached, the people's court may rule that the house belongs to the property rights registration party, and the outstanding loan is the personal debt of the property rights registration party. The amount paid jointly by both parties after marriage and the corresponding value-added part of the property shall be compensated by one party of the property registration to the other party at the time of divorce.
If the two parties make a down payment together before marriage and repay the loan together after marriage, it shall be common property.
If the down payment and repayment of the loan are made after marriage, it is generally recognized as the joint property of the husband and wife.
A property purchased with full money after marriage
Buying a house after marriage, that is, the property acquired during the marriage, generally belongs to the common property of husband and wife, but there are exceptions:
If the property right of a house funded and purchased by both parents is registered in the name of one child, the house may be deemed to be jointly owned by both parties according to their respective parents' share of capital contribution, unless otherwise agreed by both parties.
A house purchased by one party with premarital property shall be registered in his own name and still belong to personal property.
If the property right is registered in the name of the investor's children, the house funded by one parent for the children shall be regarded as a gift from the parents only to their children, and the house shall be recognized as the personal property of the husband and wife (the registrant).
Central production room
The central production house refers to the public housing whose property right belongs to the central unit in Beijing. If the house that needs to be divided belongs to the purchased public housing in the central production house, it means that the workers buy according to the housing reform cost price or standard price (including the standard price preferential method), and get all the warrants, the division in the divorce case is basically the same as the commercial housing.
However, if laws and regulations stipulate that they shall not be listed for sale, and the purchased public housing that has been specially agreed in the contract for the sale of public housing signed with the property rights unit shall be carried out in accordance with the provisions of laws and regulations and the agreement with the unit. In other words, for this kind of house, it is possible that the ownership of the property cannot be fully dealt with at the time of divorce, and it may only be used and lived together.
Those who have purchased public housing that need to go through transfer, change and mortgage registration due to various reasons shall be subject to unified examination and approval by the housing transaction office of the central and state organs in Beijing.
Military production room
Generally speaking, the military maternity room has only the right of use, but no ownership, so it is more troublesome to deal with divorce, there is no relatively unified standard, and can only be analyzed according to the specific facts of the case. There may be inconsistencies in the handling of military personnel on both sides and only one of them.
If the husband and wife live together in a public house with only the right to use and the right of residence, both parties may rent under any of the following circumstances:
(1) A public house rented by one party before marriage, and the marital relationship has lasted for more than 5 years
(2) in the case of a house rented by one party before marriage, both parties are employees of the unit at the time of divorce
(3) when one party borrows money before marriage to invest in the construction of a house, and the husband and wife jointly repay the loan after marriage
(4) where one or both parties apply for the right to lease public housing after marriage
(5) the public house rented by one party before marriage has obtained the right to lease the house as a result of the demolition of the leased house after marriage
(6) where the units of both husband and wife invest in joint construction or joint purchase of joint houses
(7) after one party returns the house of the unit it leases or gives it to the other party, the other party gives the other party the replacement of the house
(8) both parties rent public housing before marriage and exchange houses after marriage.
(9) other circumstances that should be determined that both husband and wife can rent.
For a public house that can be rented by both husband and wife and leased by one party, the lessee may give appropriate financial compensation to the other party.
In divorce proceedings
The situation in which the property is not disposed of
First, houses with small property rights built illegally on rural homestead.
Second, houses that have not yet acquired ownership or full ownership at the time of divorce shall be judged to be used by the parties according to the actual situation. After obtaining the ownership of the house, it can be settled in a separate lawsuit.
Third, both husband and wife have only one house, and the loan has not been paid off, and both sides want the ownership of the house. The loan can be settled separately after the loan is paid off.
Fourth, the real estate where the husband and wife live is registered in the name of a third party. As outsiders are involved, they will usually be dealt with in a separate case.