The property division of celebrities and giants, with professional barristers, will strive for the greatest rights and interests of the parties under the conditions permitted by law. Then, we ordinary people, if both husband and wife own the same property, how can the property be divided when divorced? After the property ownership is confirmed, how to handle the property transfer procedures? Today, Bian Xiao will give you a glimpse.
First, how to divide the divorced real estate
According to the current laws and regulations, according to the specific circumstances, the real estate after divorce mainly has the following ways of division:
(1) Under normal circumstances, the houses purchased by both parties after marriage, regardless of whether the house ownership certificate is registered in the name of one person or two people, are the joint property of husband and wife, and the property division is naturally carried out according to the property owned by * * *. If the child's name is listed on the property certificate, the property is regarded as the child's property and the court will not divide it in the divorce proceedings.
(2) If at the time of divorce, both parties have not obtained full ownership of the house, and negotiation fails in case of dispute, the court will generally not judge the ownership of the house, but only judge that it is used by one party according to the actual situation. After obtaining full ownership, if both parties still have disputes over the allocation of houses, they can bring a lawsuit to the court again. Without obtaining the ownership of the house, the people's court can't judge the ownership and division of the house, but can only deal with the residence and use of the house.
(3) About the division of parents buying houses. Before the parties get married, if the parents contribute to the purchase of houses for both parties, the contribution shall be recognized as a gift to the children and the personal pre-marital property of one of the children, except that the parents explicitly indicate that it is a gift to both parties; The contribution made by parents after marriage shall be regarded as a gift to both husband and wife, except that the parents expressly give it to one party.
(4) Both parties invested in buying a house before marriage, but only one party's name was listed on the real estate license obtained before marriage. If one party does not recognize the fact that the other party contributed capital at the time of divorce, and the other party has evidence to prove that the two parties have reached a capital contribution agreement, the court will legally recognize the house as * * * with property, and divide the property according to * * *.
Second, how to handle the property transfer procedures after divorce?
According to experts, if the divorce of husband and wife involves the transfer of housing, both parties will generally apply for registration and submit the following materials: real estate license; Identity certificate and photocopy; Copy of divorce certificate and divorce agreement, divorce property ownership agreement; Where the obligee applies for registration, a notarized divorce property ownership agreement shall be submitted; If the court decides to divorce, it shall submit the effective court judgment and its copy. If the ownership of the property is clearly defined in the judgment, the obligee may apply for registration.
When both parties reach an agreement on the property, they can go to the civil affairs department, but the property transfer procedures must be handled in time. Property transfer procedures, similar to the sale of transfer, is in accordance with the normal sale procedures, about a week!
Remind netizens that you can sign a divorce agreement when you divorce, but you must go to the Civil Affairs Bureau to affix your official seal, or directly apply for a court decision. If it is a privately negotiated divorce agreement, both parties to the transaction must be present to sign it.
The above is the answer to the question "How to divide the divorced real estate and how to handle the transfer procedures after divorce". In real life, many people are controversial and confused about the division of divorce property. Some couples don't know how to handle the property transfer formalities after going through the divorce formalities. In fact, a good solution to this problem is to consult a marriage and family lawyer. I believe that through their introduction and explanation, you will be able to deal with such problems efficiently and quickly.
(The above answers were published on 20 16- 12-22. Please refer to the actual purchase policy. )
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