Beijing Real Estate Division Lawyer: How to Choose the Division Method of Common Housing Judgment
Guide: In dealing with the issue of shared housing division, I believe many people are more concerned and want to know how to do a good job of dividing the shared housing. For this issue, a Beijing housing dispute lawyer will introduce the method of dividing the common house.
In dealing with the issue of the division of shared housing, I believe that many people are more concerned and want to know how to do a good job of dividing the shared housing. For this issue, a Beijing housing dispute lawyer will introduce the method of dividing the common house.
The plaintiff was a brother. The two inherited a house. The plaintiff accounted for 70% and the defendant 30%. Now the plaintiff sues for the division of the common house, and proposes a method of dividing the defendant's corresponding share of money based on the appraisal price and the ownership of the house. The appraisal price of the house was 1.6 million yuan, and the defendant believed that the price was significantly too low, and issued a letter of commitment to the court stating that it was willing to use the total house price of 2 million yuan to purchase the plaintiff's share at 1.4 million yuan and obtain ownership of the house; House auction, the two parties allocate the auction money. It was also found that the plaintiff had been living in the house and had no other residence. The house has great potential for appreciation.
The first view is that the plaintiff should pay the defendant 480,000 yuan according to the appraised price of the house, and the house belongs to the plaintiff. The second point of view is that houses should be auctioned and the auction proceeds should be distributed in their respective proportions. The third view is that, due to the balanced protection of the interests of both parties, the house belongs to the plaintiff, but the plaintiff should calculate the total price of 2 million yuan and pay the defendant 600,000 yuan. Beijing real estate division lawyers agree with the third view.
规定了原物分割、折价补偿、变价分割三种法定分割方法。 Article 100, paragraph 1, of the Property Law provides for three legal division methods: original division, discount compensation, and variable division. How to choose the division method varies from case to case, and in principle should be based on ensuring fairness and taking into account the interests of all parties.
1. The division of the houses involved in the case should be based on facilitating production, living, and implementation. The house has been lived by the plaintiff and his parents for many years, and the plaintiff now accounts for 70% of the house. There is no other house. If the house is auctioned, the plaintiff will find another place. At the same time, when choosing a segmentation plan, the consensus between the two parties should be respected to the greatest extent. Under the consensus that the common people want to retain the house, the auction will defeat the original defendant's will.
2. The division of the houses involved in the case shall be centered on striving for fairness, giving full play to the economic benefits after the division of commons, and meeting the interests of all parties to the greatest extent. It is advisable for the plaintiff to enjoy ownership in the case, but it does not mean that it should be divided according to the price approved by the plaintiff. In this case, both parties are willing to pay the corresponding compensation based on the evaluation price, and the defendant is even willing to buy a house higher than the evaluation price of 400,000 yuan. It is worth thinking that the plaintiff proposed to acquire the defendant's share at the appraisal price, but was unwilling to sell its share at the same price. In view of the appreciation potential of the house, it can be inferred that both parties knew that the appraisal price was the best way to divide the house. Illustration. In addition, the appraisal price is only the appraisal agency's assessment of the current value of the house, and it is not the only factor that the court determines the value of the house. On the premise that the plaintiff's ownership is satisfied, the plaintiff will compensate the defendant's corresponding share of money based on the 2 million yuan promised by the defendant, and the interests of both parties can be maximized.
Finally, the Beijing real estate division lawyer believes that when the court decides the division method, it is not necessary to stick to the method advocated by the original defendant. It should be based on fairness and appropriate considerations on the basis of safeguarding the interests of the common people, respecting the consensus, and giving full play to the utility of the material , Decided to choose one or a combination of multiple segmentation methods.
：http://prodaisy.com/fcjf/3103.html 分享的关于共有房屋裁判分割方法如何选择的所有内容信息，希望这些内容对您有所帮助，如有关于共有房屋如何分割，共有房屋分割的方法、共有房屋纠纷处理方法相关的疑问也可在线咨询北京离婚律师网的专业房屋纠纷律师。 The above is the Beijing Real Estate Division Lawyer : http://prodaisy.com/fcjf/3103.html All the information about how to choose the division method of the common house judge. I hope these contents will be helpful to you. For questions about how to divide a common house, how to divide a common house, and how to handle a common house dispute, you can also consult a professional housing dispute lawyer online.
Article transferred from: http://www.chinacourt.org/article/detail/2018/11/id/3557925.shtml