Can a husband and wife divide the house book in a bungalow if they divorce

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, 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 children and the woman.

According to the Marriage Law of the People's Republic of China:

Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, 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 children and the woman.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Article 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

Article 42 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Hello, the lease of the bungalow is proposed to be written into the divorce agreement.

The Supreme Law stipulates. In the case of a public house where husband and wife live together, both parties may be allowed after divorce under any of the following circumstances:

Lease: 1) Public housing rented by one party before marriage, and the marital relationship has lasted for more than 5 years; (2) In the case of a house rented by one party before the marriage, both parties are employees of the unit at the time of divorce.

Target; (3) The right to lease public housing obtained by one party by borrowing money to invest in building a house before marriage shall be repaid jointly by the husband and wife after marriage.

borrowed; (4) After marriage, one or both parties apply for the right to lease public housing; (5) The public housing rented by one party before the marriage is rented after the marriage due to the demolition of the rented house.

right; (6) The husband and wife invest in a jointly built or jointly purchased house; (7) One party shall return the house rented by one party to the unit or hand it over to the other party's unit.

Later, the other party's unit will be given another change of housing; (8) Both parties rented public housing before marriage, and after marriage they merged and exchanged houses; (9) Other circumstances that shall be found to be both husband and wife can be rented.

One husband and wife repay the mortgage, and the mortgage settlement after the divorce is as follows:

1. The real estate purchased by the husband and wife with a joint loan is the joint property of the husband and wife, so the loan that has not been paid off also belongs to the joint debt of the husband and wife, so both parties must jointly bear the obligation of repayment;

2. If the two-year-old Cong's personal relationship breaks down and he is divorced, the debt still needs to be repaid jointly by the husband and wife. However, if the spouses have agreed to make the repayment, one of them may also make the repayment;

3. If the party who purchased the house after the divorce is unable to pay the mortgage, the bank still has the right to recover from the spouse. After the party who did not acquire the house has repaid the mortgage to the bank on behalf of the other party, the party who has not acquired the house can recover from the other party.

The debtor is both parties, and Silver Sakura Negotiation Bank can recover from either party. However, the husband and wife can agree on the ownership of the property and how the debts are to be shared, but it is only effective between the husband and wife, and cannot be used against creditors.

Legal basis

Civil Code of the People's Republic of China

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law. Article 1089:In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

Article 1090:In the event of a divorce, if one party has difficulties in living, the other party who can afford it shall give appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. Article 1091:In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults. Article 1092:Where one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife in divorce, the other party may receive a small or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

Legal analysis: How to divide the divorce of husband and wife with only one house needs to be decided according to the specific situation:

1. If there is ownership, it shall be divided according to the agreement, and the court judgment without agreement shall divide it, and the party who obtains the ownership of the house shall pay the other party corresponding compensation, and if neither party claims the house, it shall be auctioned;

2. If there is no ownership, it shall be jointly used by both parties, and a separate lawsuit shall be filed after the ownership is determined.

The scope of marital community property is as follows:

1. Wages, bonuses and labor remuneration;

2. Income from production, operation and investment;

3. Income from intellectual property rights;

4. Inherited or donated property, except for special circumstances;

5. Other property that shall be jointly owned.

The law shouts stupid to give the basis:

Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1).

Article 76: When the parties are unable to reach an agreement on the value and ownership of the house in the joint property of the husband and wife, the people's court shall handle it separately in accordance with the following circumstances:

1) If both parties claim the ownership of the house and agree to obtain it through bidding, it shall be permitted;

2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party that obtains the ownership of the house shall give the other party the compensation that should be compensated;

3) If neither party claims the ownership of the house, the auction and sale of the house shall be carried out according to the application of the parties, and the proceeds shall be divided by Zhengju.

A house purchased or built jointly by the husband and wife during the existence of the marital relationship, or a house purchased or built jointly by both parties before marriage, is a joint house of the husband and wife and shall be divided as the joint property of the husband and wife in the event of divorce. If one or both parties do not agree to bid, the court shall entrust an appraisal ex officio and then award the disputed property to one party, and the party who acquires the property shall pay the consideration to the other party. The court should ex officio commission an appraisal and then award the disputed property to one party.

The following property is the personal property of one of the spouses:

1. One party's pre-marital property;

2. Compensation received by one party for personal injury or compensation from the world;

3. The property that is determined to belong to only one party in the will or gift contract;

4. Daily necessities for one party;

5. Other property of Angelica that should be split back to the bridge.

Civil Code of the People's Republic of China

Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

When a husband and wife divorce, the division of real estate is dealt with as follows:1The house purchased by one of the spouses before marriage and paid in full shall belong to the pre-marital property of one party, and the other party shall not have the right to claim division in the event of divorce; 2.

After marriage, the house purchased by one of the spouses with personal pre-marital property shall belong to the pre-marital property of one party, and the other party shall not have the right to demand division in the event of divorce; 3.Where a house is rented by one party before marriage and purchased with joint property after marriage, and the house ownership certificate is registered in the name of one party, it shall be recognized as the joint property of the husband and wife; 4.The house (including loans) purchased by the husband and wife with joint property after marriage shall belong to the joint property of the husband and wife, and in the event of divorce, it shall generally be divided in equal or equal parts.

Legal basis

Article 1087 of the Civil Code provides that in the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by the husband or wife in the contracting and operation of family land shall be protected in accordance with law.