How to divide the divorced property of couples is not a simple problem?
Guide: Parents' funding for another property often condenses the family assets of both parties, and some parents spend their life's savings to buy real estate for their children. Therefore, when the relationship becomes a past event, the division of the real estate is prone to disputes. It has also become a concern for many people. When the real estate problem in practice is divorced? It is very complicated. Two points to share with you that one person is about parental funding. When divorced, how can this real estate be divided into one? It is a house. How can the divorce house demolition and relocation funds be split during the demolition? Case analysis Mr. Zhang and Ms. Wang, they have been in love for eight years.
Today, Beijing divorce lawyers will share with you the real estate problems in marriage and family. With the increasing value of Chinese real estate, especially in some first-tier cities such as Beijing, Shanghai and Guangzhou, the down payment for buying a house is hundreds of thousands or even millions, depending on children. It is difficult to afford a house of your own ability, that is to get married.
What to do? Parents subsidizing another property often condense the family assets of both parties. Some parents spend their life's savings to buy real estate for their children. Therefore, when the relationship becomes a past event, the division of real estate can easily happen. Disputes have also become a concern for many people. When the real estate problem in practice is divorced? It is very complicated. Two points to share with you that one person is about parental funding. When divorce, how can this real estate be divided? How to divide the divorce house demolition money during house demolition during the divorce? Case study Mr. Zhang and Ms. Wang, after eight years of love running, they finally achieved positive results, entered the marriage hall, registered marriage, and they After marriage, I want to buy a house as a marriage house, but the two have short working hours and don't have much savings, their parents.
The total price of willing to fund this house is 1.2 million. Mr. Zhang's mother gave out 1 million. Ms. Wang's father gave out 200,000 houses and registered under Mr. Zhang's name. So in this case, what should the property be when the divorce is made? Segmentation? First question, let's first look at the ownership of this house. Does Mr. Wang have the right to divide the house when registered under the name of Mr. Zhang? The answer is yes, because the house is purchased after marriage, so even if it is registered under the name of Mr. Zhang, its nature is unchanged and belongs to The husband and wife have common property, and Ms. Wang as the spouse has the right to claim the ownership of the house, then the second question comes only. How to split one person? This answer, how much will be unexpected to some people? According to the existing laws, he is not divided by one person and half, but divided according to the share of the parents' contributions, that is, the total price. About 1.2 million houses, Mr. Zhang's parents contributed 1 million, which probably accounted for it.
5/6 of the value, then Mr. Zhang can share 5/6 of the property, and Ms. Wang's parents contribute 1/206000, so what about Ms. Wang? You can probably share 1/6 of this property. What is the stipulation of the Marriage Law, so in the case of division, if the legal basis of the assumption is that the male parents contributed 1 million and the female parents contributed 200,000, this time it is not registered in the name of Mr. Zhang, but in the house under both names How to divide it? In this case, it is based on the common property of the husband and wife. One person is half, why is this? Because ah, according to the law, at this time, the parent's capital is regarded as a gift to both parties. If there is no agreed share, it is equal to the average division of the confession, regardless of the man's 90 % Or the woman only showed 10%, and the result was another picture.
Fang takes half of the real estate. Of course, in this process of division, the judge will also consider the source of funding, the contribution of the two parties to the property, the principle of taking care of the interests of the woman and children, etc., with certain discretion. But, after all, evenly divided is the principle, many people will think. It ’s unfair to the parents who have invested a lot. We do feel unfair, so this is also a question to remind parents to pay attention to when buying a house for their children. In fact, it is also a skill of asset inheritance. Asset inheritance is not a wealthy person. Faced with these problems, ordinary people will also have, just like this now. In the cases mentioned in the case, real estate, real estate is intended to be given to children, or the second and third generation, it is a problem of inheritance, of course, because the wealthy have a lot of property, this problem appears to be particularly It is important that on the basis of this case, we continue to extend, if Mr. Zhang signed before marriage.
The house sale contract and the loan contract were paid a down payment, and the house was also registered under Mr. Zhang's name. After the marriage, the husband and wife jointly repay the loan. Then how should the real estate be divided when the divorce? In this case, the two parties are the first. Negotiation. When the negotiation fails, the property right belongs to the man. This is meaningless, but the part of the joint repayment and the corresponding value-added part after marriage is the part of the woman who belongs to the common property of the husband and wife and has the right to be divided. The man and the property owner should compensate the woman accordingly. This style principle is also the marriage law. Judicial interpretation of the provisions of Article 30, then through several extensions of the above case, let's summarize the situation of parent-funded housing for their children, and whether parents pay for their children to buy a house, depending on whether it is fully funded or partly funded If it is fully funded, it is registered in the name of one party.
This, regardless of whether there is no problem in pre-marital funding or post-marital disposal, is considered as a gift to one party, but if the parents buy part of the house for their children to invest in the registration of one party's name, then in this case it is necessary to distinguish between pre-marital or After marriage, capital contributions not explicitly agreed before marriage will be regarded as a gift to their own children. What is not explicitly agreed after marriage will be regarded as a gift to both parties. This is completely different. That is to say, what is the gift to the children of the party before marriage? Hey hey, there is a principle in accordance with the agreement After marriage? If there is no name. If it is agreed, it will be regarded as a gift to both parties. What is called a clear agreement? Generally, it means that the two parties have this written agreement or the agreement of the gift to specify who owns the property of the donated property. In practice, many parents will not sign such an agreement with their children. One is for the sake of face, and the other is a lot of parents.
I also do n’t know the rules of the law, I do n’t know where the risks are. In this case, the law also makes some rules, that is, the presumption means the meaning, how can the presumption be derived? It depends on who the real estate is registered in. If it is said that it is registered in the name of its own child, then it is considered as a gift? A gift to its own child. If it is registered in the name of both parties, then it is presumed to be a gift to both parties. Based on who is registered under this registration, it is presumed that when the parents bought the house at the time, the first gift of the property was given. We said This is also reasonable. If it is said that the other party ’s name is also the case, the man ’s parents pay for it and the real estate is registered in the woman ’s name. In this case, in practice, it is not that the real estate is registered in the woman ’s name. The parents don't have the right to divide the property with the capital contribution, he regarded it as a gift to both parties.
Because any parent ca n’t be generous, your real estate is very expensive now, and the impermanent gift of this property to each other is definitely for the long-term, long-lasting and beautiful wish of the child ’s marriage and marriage, out of such a desire Desire is only given to property, so this property is considered as a gift to both parties, not as a gift to the other party, then in the parents. What should I do if both parties are leasing? This was also mentioned in our case just now that he is not shared in common. He wants to divide the shares by divorce according to the proportion of the parents' contributions. Just now It is the case where the parent's part of the capital contribution for the child is registered under one party's name, so the parent buys a house for the child. What should we do now under the names of the two parties? This is to distinguish between pre-marital or post-marital? If it is considered to be shared by both parties before marriage, it is based on the general principle of sharing by shares, with the exception of equal shares. Yes, if both parents contribute money after marriage.
Know this kind of sharing? On the contrary, it is based on the principle of common sharing or equal division. If there is an agreement, there is an opposite agreement. According to this agreement or the agreed share, the division is what you are doing. Parents, the first question we just talked about is how parents divide up when they buy a house for their children. When we divorce? So let ’s share the second content below. Is the compensation for house demolition before marriage belong to the common property of the husband and wife? ? Very complex, but also very common. Because in the process of demolition? She must consider both the housing area and the specific circumstances to give different amounts of compensation, such as moving compensation, equipment relocation, temporary settlement subsidies, relocation incentives, etc., so before the marriage Whether the compensation for house demolition belongs to the common property of the husband and wife, if demolition.
If it is demolition monetary compensation and resettlement, what about monetary compensation? It is divided into many categories, such as housing compensation, moving compensation, equipment relocation, temporary settlement subsidies, rewards and one-time compensation, etc., generally? The compensation for the house belongs to the owner of the house, personal property, and compensation for the house! Is it really like moving compensation, equipment relocation fees, temporary settlement subsidies? It is returned to the bird eagle over the demolition and moving equipment. The people who actually live in the house to be demolished during the demolition of ordinary e-liquids, such as incentives and one-time compensation fees, such as co-residents with temporary transitional house owners. If there is a common division between the relocated people and the old compensation funds between the resettlers, an agreement has been reached. When buying a house with compensation funds and a divorce? You can ask for compensation if the house is divided between the relocated people. It is necessary to reach an agreement when the paragraph is not divided or when it is not divided.
The Western lawsuit is to separate out the property of all parties, the family and the family, and the property of other family members. You cannot ask the court to deal with it in this divorce case. Let ’s look at an Amway. This is what we do. A real case, a male Beijinger. A woman from a house in the west who lived in a house before marriage and the two of them have lived in the house after marriage. The woman ’s hukou also moved into the house. After the marriage, a house was demolished and a house was sold. With more than 2 million of this cash, then demolition and relocation were being signed. At the time of the compensation agreement and the resettlement agreement, the woman also acted as the resettlement person in the agreement, so at that time, she had replenished an area of 50 square meters, so when the divorce, did the woman have the right to divide the house and the money? What about this? This is what we said just now.
Because the house is the man's pre-marital income, so the house ’s compensation is anti-corrosion. If there is no compensation for this house now, he directly exchanges for a house, then the ownership of the house, the women ’s way does not have the right Make a split, but for. The woman gave me an area of more than 50 square meters because of this resettlement. What about the woman? And because of this move, those compensation costs, temporary settlement subsidies and one-time compensation costs, these items The woman's inside. They have the right to divide, because they belong to the husband and wife's common property, then that kind of situation is whether the house purchased by the demolition compensation for the house before the marriage belongs to the husband and wife's common property? The house owned by the party before marriage.
In this case, after the marriage, the demolition compensation will be used to purchase the full amount. In principle, it belongs to the personal property of the original owner of the house. However, if the compensation for the family population is included in the demolition payment, or some of the funds are provided to the family members The rewards given for the demolition or the compensation for the existence of family members and the compensation given by your unit are taken into consideration in the demolition and resettlement of the house. The compensation for this part is because the husband and wife have common property and the spouse should enjoy a certain share. In the case just now, the woman gave the house an area of more than 50 square meters because the woman was relocated because the hukou was inside. There are also some rewards received for the relocation. These are the common property of the couple and can be divided, but if it is all. The house bought by this property belongs to the personal property of the owner of the house. The woman has no right to calculate. If one party's house is demolished before the marriage, the demolition funds are not enough to pay the house price, and the couple's common property is purchased. Together, the house is purchased. It belongs to the time of common property of husband and wife. Is it difficult to determine the right to claim personal property or common property of husband and wife?
There is a burden of proof. This person is a requirement of the Civil Procedure Law. If the parties cannot provide strong evidence and the people's court cannot verify it, they must be treated as the property of the husband and wife, because the marriage registration in China does not require an individual. Property registration, in fact, due to this confusion of husband and wife property, it is very difficult to prove here. Therefore, it is recommended that the marriage or marriage relationship be established. During the existence period, it is best to make a property notarization and agreement to effectively protect the lawful rights and interests of the parties. In the future, even if a dispute lawsuit is brought to the court, it can be heard in a timely manner. There will be no consequences that cannot be proved or cannot be verified. Reminder, then the dispute over real estate in time is very complicated, except. In addition to the demolition, there are still many cases of parents' funding. For example, according to the nature of the real estate, it can be divided into affordable housing, public rental housing, housing reform, military housing, etc. So, in the case, you need to be specific. Specific analysis of the problem.
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