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How to separate the divorced property of the couple?

Guide: husband and wife can not continue to live together for various reasons, divorce will involve the division of property and housing between husband and wife? This is also a question that everyone is more concerned about, then, how should the service divorce real estate be divided, the situation of housing division What are these? In response to these questions, Beijing professional divorce lawyers will be introduced to introduce several situations regarding housing division and related legal basis.

How to separate the divorced property of the couple?

Couples cannot continue to live together for various reasons. Divorce will involve the division of property and housing between husband and wife? This is also a problem that everyone is more concerned about. Then, how should service divorce real estate be divided and what are the circumstances of housing division? In response to these issues, Beijing professional divorce lawyers will be introduced to introduce several situations and related legal basis for housing division. The details are as follows:

北京专业离婚律师

1. The six situations in which husband and wife divorced houses are divided are as follows:

1. The house donation has not gone through the transfer formalities, and the real estate belongs to the donating party and will not be divided;

2. After the marriage, one parent pays to buy a house and the property right is registered in the name of his own child, which is personal property and cannot be divided;

3. After the marriage, the parents of both parties will invest to buy a house, regardless of which party's name is registered in the property, it needs to be divided according to the proportion of capital contribution;

4. Buying a house before marriage and repaying the loan after marriage are personal property of the purchaser and are not divided. The repayment of the loan after marriage and its value-added part shall be compensated by the property right registrant in proportion;

5. If the two parties use a common property to buy a house in the name of their parents, and the property rights are registered in the name of one parent, the property rights of the house belong to the parents, not the property of the husband and wife, and cannot be divided.

6. After the marriage, the purchase of a house through a mortgage loan is jointly owned by the couple. The division of property rights should be divided in principle.

2. The legal basis of real estate division:

Article 22 of the Supreme People's Court's Interpretation of Certain Issues Concerning the Application of the Marriage Law of the People's Republic of China (II) is as follows:

1. Before the parties get married, if the parents contribute funds for the purchase of the house by both parties, the capital contribution shall be recognized as a personal gift to their children, except where the parents expressly indicate that the gift is to both parties.

2. After the parties get married, if the parents contribute to the purchase of the house by both parties, the capital contribution shall be regarded as a gift to both the husband and wife, except where the parent expressly indicates that the donation is to one party.

The above is the information on how to divide the divorced real estate of the husband and wife shared by Beijing professional divorce lawyers. What are the information about the situation of housing division? I hope these contents will be helpful to you. For questions about the legal basis of housing division, you can also consult a professional divorce dispute lawyer online.

Tags: How to split a house for a divorced couple

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