The Opinions on Several Issues Concerning the Trial of Property Division Cases are hereby sent to you for reference when trying cases. If you find any problems in practice, please report them to us in time.
September 20(th), 2007
Opinions on several issues concerning the trial of property division cases.
First, the inheritance of compensation for public housing demolition
Only when the tenant's public house is moved, the original tenant has died. If the lessee has been determined according to law, the relocation compensation shall be returned to the new lessee; If the lessee is not determined, the compensation for demolition shall be owned by the heir of the original lessee.
Two, the decedent died more than 20 years, after the relocation of the house registered in his name, the heir claimed the relocation fee.
After the decedent's death, if the successor does not give up the inheritance and the rights of the disputed house have not changed, the ownership of the disputed house belongs to the heirs * * * and * *, who claim that the rights are not limited by the statute of limitations and can confirm the power share of each party according to law. However, if the disputed house has been demolished, the successor shall claim the interests of demolition within two years from the date when he knows or should know that the interests of demolition have been infringed.
Three, according to the 94 plan to buy a house after the death of the registered owner, the handling of housing property inheritance.
When purchasing public housing according to the "94 Plan", the registration of the death of the obligee, if it is possible to claim property rights, shall be filed within two years from the date when he knows or should know his death.
Four, the creditor of the couple's property subrogation.
* * * During the relationship with * * *, if some foundations of * * * are lost or there are major reasons for division, people with * * * and * * * can request division. If the creditor has creditor's rights to the husband and wife, he may file a property analysis lawsuit by subrogation to divide the property during the existence of the husband and wife relationship.
Five, during the period of love, * * * bought a house, one party did not contribute, but the property rights were registered as two people * * *, and the handling of property division was analyzed.
Judging from the registration of real estate, the house has been determined to be owned by both parties in love. After the termination of the relationship between the two parties, the division of property meets the needs of the division of major causes. When the relationship with * * * is terminated, the division of property of * * * shall be handled as agreed; If there is no agreement, the contribution of * * to * * property shall be considered, the actual needs of * * * production and life shall be properly taken care of, and the share of non-contributors shall be reasonably determined, which is generally 65,438+00% to 30%.
Six, the divorce agreement clearly, other property owned by themselves, after divorce, one party sued for the division of the other party's property.
Both parties have clearly agreed in the divorce agreement that other property belongs to the other party, indicating that both parties have handled the property accordingly. After the divorce, if one party sues for dividing the property under the other party's name, the court will not support it, except that the plaintiff provides evidence to prove that the defendant's divorce is a hidden property, and requests for dividing the hidden property.
Seven, the parties have different opinions on the value of * * * housing, but do not apply for evaluation.
If the parties have different opinions on the value of the divided house, but have not applied for evaluation, the court can not simply reject the original application, but should make necessary explanations to urge the parties to make an affectionate entrustment evaluation. After explanation, if the parties have not filed an application, the judge may make a comprehensive analysis and make a discretionary decision after soliciting the opinions of real estate intermediary companies or evaluation companies (at least two), and explain the reasons in the judgment document.
Eight, the evaluation fee and litigation fee in the case of property division.
The appraisal fees and legal fees of property division cases shall be shared by * * * according to the share of property obtained in property division.
Ding Long, lawyer, is now practicing in Shanghai Minglun Law Firm. After nearly ten years of legal theory study and research, I have accumulated profound legal theory knowledge and rich practical experience. Since practicing, he has been focusing on criminal defense (bail pending trial, criminal defense, criminal private prosecution, innocence defense, probation defense, death penalty defense, corporate crime, duty crime, etc.). ), real estate transactions (housing sales, mortgage loans, housing demolition, housing inheritance, inheritance division, husband and wife purchase, public housing sales, etc.). ), insurance claims (traffic accident claims, disability appraisal, traffic accident claims, life insurance claims, dividend insurance claims). Taking safeguarding the legitimate rights and interests of the parties as the highest purpose, we strictly kept all the privacy of the parties, successfully handled many major and difficult cases and won the trust and satisfaction of the parties.
Since 2009, Mr. Ding Long has set up his own team of lawyers to serve as perennial legal counsel for many well-known companies in Shanghai. Ding Long lawyers team, with their rich legal knowledge and superb practical experience, escorted the healthy development of cooperative enterprises.