Simply put, * * * has a clear share, while * * * and * * * have no share before they are divided.
Article 103 of the Property Law does not stipulate that * * * owns real estate or movable property, or that * * * and * * * are in common, or the stipulation is unclear, unless * * has a family relationship, it shall be deemed as * * *.
* * * Some divisions with * * * *:
The first is * * * someone negotiated how to divide it. If negotiation fails, in principle, it shall be shared equally, taking into account the contribution of * * * people to * * * property (capital contribution mainly refers to capital contribution), and properly taking care of the production and living needs of * * * people.
Extended data:
Archie and Axiu bought a house in * * * in 2004, and Archie made a down payment of 65,438+million yuan, and both sides borrowed 340,000 yuan from the bank. The house was registered as * * * and * * *, and the latter two broke up.
Archie sued the court, asking for confirmation of Archie's 70% housing share, Axiu's 30% housing share, Archie's purchase of Axiu's housing share, and Axiu's request for Archie's cooperation in transferring the house to Axiu's name.
The court of first instance held that the two parties have no family relationship, so the share of property rights should be determined according to their capital contribution. Evidence from both parties shows that Archie contributed 265,000 yuan and Axiu contributed 1.7 million yuan, so Archie enjoys 60.92% of the property rights of the house and Axiu enjoys 39.08% of the property rights of the house. Because the house did not meet the conditions of physical division and shared use, Archie was awarded the house, and Archie paid compensation of 1.46 million yuan to Axiu.
The court of second instance held that the Property Law was implemented on June 65438+ 10/2007, and that Archie and Axiu's house purchase behavior and house registration took place in 2004, and both parties had acquired the property right before the implementation of the Property Law, so the General Principles of the Civil Law and the Supreme People's Court's Several Opinions on Implementing the General Principles of the Civil Law of People's Republic of China (PRC) should be applied to this case.
The real estate is registered by both parties. In the absence of evidence that the two parties have agreed to own the house by shares, the court found that both parties have 50% share of property rights. At the second trial, Archie and Axiu agreed to bid, and the house was won by Axiu, and Axiu compensated Archie for 2.03 million yuan.
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