It is certainly a kind of happiness for husband and wife to grow old together, but if it is really not possible, divorce may be a better choice for both sides.
According to the data of the Ministry of Civil Affairs in 2020, the divorce rate in China is 43.83%. For every 65,438+000 couples who get married, 44 couples get divorced.
In order to guide everyone to divorce rationally and not impulsively, the new concept of divorce cooling-off period has been added to the Civil Code. It turns out that from the date of 202 1, 1, the couple who agreed to divorce by the Civil Affairs Bureau had to go through five steps: application, acceptance, cooling-off period, review and registration.
Why are there more and more divorced people now? Many people have also started discussions. For example, some people think that life is too stressful, some people think that life is too boring, and some people think that trivial things in life smooth out their enthusiasm. However, it is true that the divorce rate is increasing year by year.
The division of real estate is a place where couples are prone to disputes when they divorce.
A typical situation is that at the stage of talking about marriage, a woman asked the man to add the house to his own name, thinking that as long as he added it to his own name, he would get half of it when he divorced. Once he really divorced, the man would feel that he had paid more money, and divorce would make him lose a lot of property.
Because the current housing prices are too high, even a suite in some counties costs millions, not to mention Shanghai and Shenzhen. For the average family, the house accounts for more than 70% of the family wealth. It is precisely because of this that many loving couples used to fight for the house when they divorced.
But in any case, your property can't be compromised. In order to buy a house, many families not only need a down payment, but also overdraw their spending power in the next 30 years. The house is not only the capital for young men to talk about marriage, but also the emboldened spirit for many businessmen to start businesses bravely.
However, many people don't know much about the new rules of the civil code and don't know under what circumstances real estate belongs to them. I thought that as long as I buy a house after marriage, once I get divorced, I will get 50% each, but it's not necessarily true. Next, let's learn about the new rules of divorce property division.
First, the inherited or donated property should be handled according to the specific circumstances.
According to the current housing price of 50,000 to 80,000 square meters in first-tier cities, it is difficult for young people to buy a suite on their own wages. Most of them rely on their parents' help. Usually, parents will buy a house for their children before marriage. For example, parents gave Xiao a complete house before marriage, and this house is regarded as a unilateral gift from parents to Xiao Wang, and even after divorce, it will not participate in the division. If parents give Xiao Wang a house with the names of the couple written on it, then the house belongs to both husband and wife.
If the parents bought a mortgage house for Wang Mai before marriage, and the down payment was made by the parents, and the husband and wife repaid the loan together after marriage, then after divorce, the other party needs to be compensated for repayment.
If it is after marriage, parents gave Wang Mai a house. Unless otherwise specified, this house belongs to both husband and wife, regardless of whether there is a wife's name on the property ownership certificate.
Some parents will consider making a will when they are old. If parents state in their wills that the property under their own name belongs only to Xiao Wang, then the inherited house belongs to Xiao Wang's personal property.
However, the property inherited from parents still has the possibility of change. For example, after marriage, Xiao Wang obtained the property alone through the notarization of the old man's will, which is indeed his own. However, if Xiao Wang sells the property and uses the money to buy a new property, then the new property and related income are regarded as the joint property of husband and wife, and they will participate in the division together in the divorce.
Second, if the property after marriage belongs to the same property, it should be divided equally.
The house bought after marriage belongs to the same property of both parties, no matter whose name is written on the house, both parties will share it equally when divorced.
For example, after marriage, both Xiao Wang and Xiao Mei contributed to buy a house, but when divorced, the house contributed by Xiao Wang and Xiao Mei belonged to the same property.
This is a relatively common situation, and there are three other situations that are easily overlooked and belong to the same property.
In the first case, Xiao Wang bought a suite before marriage and added Xiaomei's name after marriage. No matter who contributes or repays the loan, this suite also belongs to the same property.
In the second case, Xiao Wang bought a house with a loan before marriage, and the down payment was made by Xiao Wang. Xiaomei paid for the renovation, and after marriage, she also took out her own housing provident fund to help Xiao Wang repay the mortgage. When the two parties divorce, the property rights can belong to Xiao Wang, but after marriage, the repayment part and value-added part of the property belong to both parties, and Xiao Wang needs to compensate the repayment part and value-added part of the house.
In the third case, Xiao Wang buys a house at his own expense after marriage. The money for buying a house is from one's own salary and bonus, and there is only one's name on the real estate license. At the time of divorce, Xiao Wang didn't want to divide the property on the grounds that Xiaomei didn't contribute, but in fact this house belongs to the same property after marriage.
Third, if it belongs to personal property before marriage, there is no need to divide it.
Wages, salaries and bonuses obtained before marriage belong to personal property. In the case of buying a house with personal property before marriage, if you buy a house in full before marriage, the real estate license is your own name, and the house will be yours when you divorce. Paying off the mortgage before marriage also belongs to the personal property before marriage.
For example, Xiao Wang succeeded in starting a business, bought a house with half of his salary and bonus down payment, and soon found a girlfriend Xiaomei. In order to prevent Xiaomei from dividing her own property during divorce, Xiao Wang paid off her mortgage with her bonus one month before marriage, so Xiaomei can't divide Xiao Wang's house during divorce.
In addition to the above provisions, the Civil Code also stipulates that if a husband and wife conceal, squander or forge the same property or debt after marriage, they may ask the other spouse to divide the property less, and if they are found during divorce, they may also apply for re-division.
For example, after marriage, Xiao Wang bought a house with his savings and didn't tell Xiaomei. It was not until Xiaomei accidentally discovered the purchase contract when she was doing housework that she realized that Xiao Wang was buying a house without telling her. If the two divorce, Xiaomei can ask Xiao Wang to divide the property less.
For those couples whose incomes are quite different, both parties can also draw up a written agreement to clarify whether the property belongs to individuals, whether it belongs to * * * and * * * jointly, or whether it is shared by shares. With the property agreement, the one with high income doesn't have to worry about the other party getting too much property when divorced.
For example, Xiao Wang and Xiao Mei got married and bought a house. When handling the real estate license, the house is registered in the names of two people. Because Xiao Wang paid more money, the property right of the house was registered as * * *, with Wang Zhan accounting for 80% and Xiaomei accounting for 20%. Then, when divorcing, the housing division shall be handled with reference to the share of property rights registration.
If one of the spouses undertakes more obligations in raising children and supporting the elderly, they may request compensation at the time of divorce. This is good news for stay-at-home housewives. Taking care of children at home full-time does not create material income, but it is also a contribution to the family.
The house is the focus of many couples' arguments when they divorce. Only by understanding these new regulations on the division of real estate can we better protect our property and not lose everything when we divorce. For a woman who has spent her youth and time for her family, mastering these regulations on the division of real estate can get some compensation even if she divorces.
In short, I hope everyone can cherish the people in front of them. It is normal for couples to quarrel over trifles. Usually put yourself in the other's shoes and understand each other, so the number of divorces will not be so much.
Do you have any thoughts or puzzles about the division of divorced real estate?