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The house is one of the important properties of our family, and according to the provisions of the Marriage Law, the house obtained during the marriage relationship is generally shared by both husband and wife and needs to be divided when divorced. So how to evaluate and divide a divorced house? The following is a small series of China Travel. Com answers relevant knowledge for readers.
First, how to evaluate a divorced house?
Divorce is generally based on the present value of the property, not the value at the time of purchase. Many parties are used to dividing divorced real estate by the purchase price, which cannot be established in judicial practice.
The market value of house price is generally agreed by both parties after valuation; Can not reach an agreement, you can entrust the relevant assessment agencies to assess and determine the price, and take the assessment report as the division standard. The validity period of general assessment reports ranges from 3 months to 6 months. The assessment fee is shared by both parties.
If the divorced parties dispute the value of the property, they can determine and dispose of the property through negotiation, bidding, pricing, evaluation and auction. When disposing of property, the principle of taking care of children, women's rights and interests and the innocent party should be implemented, and it is not necessary to entrust an intermediary agency to evaluate it.
Second, how should the property be divided when divorced?
According to the relevant provisions of the Marriage Law and other laws, when a husband and wife divorce, the division of all houses in * * * shall be carried out in the following ways:
1. Houses shared by husband and wife that are not suitable for split use shall be given to one party according to the housing situation of both parties and in line with the principle of taking care of the woman or the innocent party. The party who gets the house should compensate the other party for half the value of the house. On the condition that both parties are equal, the woman should be taken care of.
2. If the house with a marriage relationship belongs to one party and the other party asks for temporary residence on the grounds that there is no place of residence for divorce, temporary residence may be granted according to the actual situation after investigation, but generally it shall not exceed 2 years.
3. At the time of divorce, the property jointly owned by husband and wife shall be handled by both parties through agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the woman and children.
4. The property jointly owned by husband and wife should be divided equally in principle, and the specific treatment can also be different according to the actual needs of production and life and the different sources of property.
The above knowledge is Bian Xiao's answer to the question "How to evaluate a divorced house and how to divide it". According to the provisions of the Marriage Law, when a husband and wife divorce, the principle of housing division is that both husband and wife negotiate, and negotiation does not bring a lawsuit to the court. Readers who need legal help are welcome to Hualv.com for legal consultation.
Disclaimer: This work is the author's integration of laws and regulations, government official website and Internet-related knowledge. If there is any infringement, please submit the information through the complaint channel, and we will deal with it in time according to the regulations. Complaint channel
Extended reading:
How to divide the divorced real estate in the new marriage law
Divorced couples' real estate transfer process
Specific methods of divorce real estate division
Cite the law:
[1] Article 10 of Interpretation III of the New Marriage Law
Invited lawyer:
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Xu Xin, Quzhou, Zhejiang
Xu Xin, female, graduated from East China University of Political Science and Law, deputy director of law firm. Member of the Third and Fourth Councils of Quzhou Lawyers Association. Director of Civil and Commercial Professional Committee of Quzhou Lawyers Association. 20 1 1 won the second prize of the first procuratorial (criminal) competition in Quzhou. At present, he is a legal adviser to many large enterprises and institutions in Quzhou and a visiting lawyer of Quzhou Radio and Television Weekly.