0 1, premarital property
The evaluation of premarital property is different under different circumstances. These premarital properties are filed in my own account, and their premarital properties are filed in each other's account. How is the property evaluated? Let's have a look!
Case 1: Before marriage, one party invested in the investor's account for the record. Who owns the property?
After two years' hard work, Xiao can buy a house with a down payment in * * and record it in his account. After marriage, my wife Cece and my husband and wife used the same property to pay off part of the monthly mortgage on the house. I want to ask who owns the divorced house in this situation.
Analysis of Henan Zhenyu Law Firm: If the house is purchased by the filing party before marriage, it will be assessed as the property of husband and wife, and those who do not participate in the division at the time of divorce will be owned by the filing party. If they share part of the housing loan after marriage, the ownership of the house at the time of divorce can be negotiated by both parties. If the consultation fails, the people's court may decide that the property belongs to the property registration party (that is, to Xiao).
What are the provisions of the new marriage law real estate 20 18? However, Xiao must compensate Cece: part of the repayment after marriage, part of the house appreciation.
Case 2: Before marriage, one party contributed capital and put it in the other party's account. Who owns the property?
Little B invested 500,000 yuan to buy a suite before getting married, and put it down in the couple's own account. After two years of marriage, they have paid the monthly mortgage together. Now divorced, the woman wants half of the property. What should they do?
Analysis of Jin Woo Law Firm: Little B's wife has the right to think that the property is divided.
According to the rules and regulations of real estate registration, as long as the name appears on the real estate license, he (she) will have one. If the real estate license is put on record in the other party's account, no matter who pays the down payment and who is the specific investor, unless there is a written commitment between them, it will be regarded as the joint property of husband and wife. In divorce, under normal circumstances, one person will have half. Give full consideration to the details of investors, and it can also be divided more appropriately.
02. Buy a house after marriage
After marriage, the couple invested in buying a house together because of their different filing identities. How to divide it? Today, Jin Woo Law Firm will explain the new requirements of the latest marriage law in detail. How do divorced couples divide their property after marriage?
Case 1: The property right of the house purchased by husband and wife is registered under one household.
After getting married, Xiao C and Yang Yang bought their first suite in Yang Yang and put it on record. In this case, once divorced, who should own the house? What is the content of the new marriage law about real estate?
If a house is purchased during the marriage relationship, but the ownership of the house is registered under one account name, and there are other special commitments, it shall be settled according to the marital property. If there are other unique promises to the other party when the ownership of the house is put on record, such as establishing the promise that the other party's marriage is broken and the house is owned by one party, as long as it comes from the other party's true meaning, it will be resolved according to the promise.
In this example, Xiao C and Yang Yang have only one commitment to the real estate when submitting the application. Therefore, when divorcing, the property should be divided according to the joint property of husband and wife.
In the second case, both husband and wife buy a house with the same property, and the property right is registered in the other party's name.
Xiao D and his wife Li Wu bought a house with two years' hard money, and the property was registered in each other's name. They made a special commitment to the house when they registered the property rights. Two years later, married life broke down. How can this house be divided into each other's names?
If there is a special commitment between husband and wife to the real estate, the judging standard of this situation is that if the husband and wife get married and jointly borrow money to buy a house and obtain the ownership of the house, the house belongs to the joint property of the husband and wife and is divided equally according to the general standard. What is the content of the new marriage law about real estate?
Therefore, if Xiao D and the negotiation fail, the people's procuratorate can decide that the property belongs to the husband and wife and the property is divided equally.
What are the provisions of the new marriage law real estate 20 18? Whether buying a house before marriage or after marriage, divorce is related to the division of real estate, or it is necessary to judge how to divide the house and who should own it according to the comprehensive factors such as the purchase and purchase of real estate, ownership, repayment of loans, the establishment and elimination of the relationship between husband and wife, and the other party's dedication to the disputed real estate. There is naturally a written agreement on the ownership of the house (mutual true meaning).