Two suites, divorce divided into one set, how to handle the division of real estate

1) According to the provisions of the relevant laws, if the husband and wife do not agree on the property before or during the marriage, it shall be divided according to the joint property of the husband and wife. Therefore, the two properties should be divided according to the joint property of the husband and wife.

2) In the division of the two properties, the division shall be carried out in accordance with the principle of equity. It can be set by one person, and the party with the greater value will compensate the other party. If both people want a property of higher value, according to the law, a bid can be made and the property will go to the party with the highest bid.

The other party can be compensated in monetary terms.

Legal analysis: If the house is bought by one person before marriage or the property owned by one person is negotiated after marriage, and the divorce does not participate in the division of common property, if the two parties buy a house together after marriage, it is necessary to negotiate and divide, and if the negotiation fails, it can be sued to the people's court, and the people's court will decide to divide it.

Legal basis: 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 is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except where it is destroyed or destroyed by the provisions of 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.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not concluded, the people's court shall 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.

When the divorce is high, there is only one house, which can be divided in the following way: 1. If both parties want to obtain the ownership of the house, they can obtain it through bidding; 2. If only one party wants to obtain the ownership of the house, the appraisal agency can evaluate the house according to the market, and then the party who obtains the ownership of the house will give the other party corresponding compensation; 3. If both parties do not want the ownership of the house, they can auction or sell the house and divide the price.

Article 76 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China 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 according to 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 corresponding compensation;

3) If neither party claims ownership of the house, the auction or sale of the house shall be based on the application of the parties, and the proceeds shall be divided into judgments.

Legal analysis: In a divorce, a house can be divided according to the agreement, or it can be divided through a lawsuit. If the parties reach an agreement on the division of property, the division may be made in accordance with the agreement at the time of divorce.

If no agreement is reached, a lawsuit shall be filed with the court for division. If only one party wants to own the home, the value of the home should be assessed first, and the party who acquired the house will compensate the other party accordingly.

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 the husband or wife in the contracting and management of family land shall be protected in accordance with law.

Article 1089:In the event of divorce, the husband and wife shall jointly repay the joint debts. 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.

Legal analysis: if the house is the personal property of one of the spouses, it will not participate in the division of property in the event of divorce; If the house is the joint property of the husband and wife, in the event of divorce, the joint property of the husband and wife is disposed of by mutual agreement; If an agreement is not reached, the people's court shall 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 party who is not at fault.

Legal basis: Civil Code of the People's Republic of China Article 1062 The following property acquired by husband and wife during the existence of the marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the handicraft income of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned.

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

1. In divorce, a house is generally divided equally. If the party who buys the house before marriage contributes capital, obtains the property right of the house before the marriage, and the house falls in his own name, and pays off the personal loan or buys the house in full, the house belongs to personal property.

2. If the party who buys the house before marriage makes a contribution, and has paid off all the loans before the marriage, but only obtains the house capital after marriage, and the house falls under his own name, it is still recognized as the property of one of the husband and wife, and the other party has no right to demand division.

3. If the party who buys the house before marriage makes a capital contribution, has paid the down payment for the house before the marriage, and takes a loan from the bank, and the house falls under his own name, and the loan is repaid with the joint property of the husband and wife after marriage, the house shall be recognized as personal property in judicial practice, and the payment paid by the husband and wife for joint loan repayment and the corresponding property appreciation part of the house shall be equally divided by both parties; The outstanding loan is the personal debt of the party whose title is registered.

4. If the party who buys the house before marriage contributes and the house falls under the name of the other party, it is usually the investor who does not have the conditions to buy the house before purchasing the house in the name of the other party, and it is treated as joint ownership. If there are no special circumstances, it will be regarded as a gift for the purpose of marriage and will be treated as the personal property of the registered party.

5. If the house funded by one party before marriage falls under the names of both parties, the house is counted as the joint property of the husband and wife; In the case of divorce, the capital contribution is not considered, and it will be divided equally.

6. Before marriage, the house jointly funded by both parties falls under the name of the husband and wife, and the house belongs to the joint property of the husband and wife. Before marriage, Xiaobi bought a house jointly funded by both parties only in the name of one person, if it was during the period of cohabitation, then the court would basically follow the period of living together

For the purpose of joint use after marriage, it is treated as joint ownership, and it is not usually treated as joint ownership. If the house is not purchased during the period of cohabitation, it is uncertain whether it will be treated as joint property or as a loan or gift, and the judge will make a judgment based on the background of the house purchase, the amount of capital contribution, and especially from the perspective of fairness, and there is no unified conclusion.

7. If a person buys a house after marriage, and a person contributes to the house with his personal property before marriage, if the house has paid for the house in full, the house is considered a personal property.

8. If a person buys a house after marriage, one person contributes with personal property before marriage, if only the down payment is paid, the house is treated as personal property, and the part of the house that has not been repaid and the part that has increased in value belongs to the joint property of the husband and wife, and belongs to the husband and wife.

9. If one person contributes to a house after marriage, and the property is settled in the names of two people or the other party, the house is regarded as the joint property of the husband and wife, and it is a gift from one party to the other.

10. If the house is purchased after marriage, and both parties contribute to the house with joint property, the house falls in the name of both parties or the name of one party belongs to the joint property of the husband and wife.

1. What are the conditions for divorce by agreement?

1. The parties must be legal husband and wife and have full capacity for civil conduct.

2. Both parties to a divorce by mutual agreement must have a common intention to divorce.

3. The parties to the divorce by mutual agreement have properly dealt with the issues of children and property.

Based on the characteristics of rural house ownership, it is necessary to first distinguish whether the disputed house is the joint property of the family or the joint property of the husband and wife. In the case of joint family property, the division of the property should be carried out to determine the share of the property jointly owned by the husband and wife. For the division of real estate jointly owned by husband and wife, it can be carried out with reference to the principle of urban real estate division.

Partition method. Since rural real estate is linked to a specific homestead use right, and the acquisition of homestead use right is premised on having membership in the village's collective economic organization, rural real estate can only be given to villagers in the same village, and is not allowed to be sold to villagers in other villages, let alone to urban residents. This determines that the way of dividing rural real estate through divorce is generally only two ways: bidding and compensation, and the auction division method of public auction cannot be adopted.

What are the methods of dividing and grinding the real estate of the husband and wife.

1) First of all, the two parties should negotiate, and the specific negotiation content includes three aspects: first, the value of the house; the second is which party owns the house after the divorce; The third is the amount of compensation that the party that acquires the house should pay to the other party and the method of payment. If one party violates the agreement and refuses to perform the content of the agreement, the other party may file a lawsuit with the court to require the other party to perform in accordance with the agreement and bear the liability for breach of contract.

Of course, unless the content of the agreement is invalid in accordance with the law, or is revoked in accordance with the law.

2) If the two parties cannot reach an agreement on the value and ownership of the house in the joint property of the husband and wife, the court shall deal with it separately according to the following circumstances:

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

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 corresponding compensation;

If neither party claims ownership of the house, the house shall be auctioned according to the application of the parties, and the proceeds shall be divided.

If the house is bought by one person before marriage or the property owned by one person after marriage is negotiated, Tong Sleepy Guess does not participate in the division of common property during the divorce, if the two parties buy a house together after marriage, it is necessary to divide the joint bureau business, and if the negotiation fails, you can sue the court and divide it by the court.

In the case of divorce, there is only one house, which can be divided in the following way: 1. If both parties want to obtain the ownership of the house, they can obtain it through bidding; 2. If only one party wants to obtain the ownership of the house, the appraisal agency can evaluate the house according to the market, and then the party who obtains the ownership of the house will give the other party corresponding compensation; 3. If both parties do not want the ownership of the house, they will auction and sell the house according to the application of the blind parties, and then divide the proceeds.

[Legal basis]:

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

Article 76

If the parties cannot 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 according to 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 corresponding compensation;

3) If neither party claims the ownership of the house, the house shall be auctioned and sold according to the application of the parties, and the proceeds shall be divided by the Bureau.

In the event of a divorce, the division of the property is as follows:

1. If the property belongs to the personal property of one of the spouses, it shall be divided into the ownership of that party according to law;

2. For the real estate that belongs to the joint property of the husband and wife, the two parties may agree on its value and ownership, and if the agreement cannot be agreed, they may request the people's court to deal with it.

The people's court will make different dispositions according to whether the parties claim ownership of the property. The specific processing method is as follows:

1. If both parties want the property and agree to bid to obtain it, they can bid;

2. If one party wants the property, the appraisal agency shall evaluate the house according to the market, and the party who obtains the ownership of the house shall give the other party corresponding compensation;

3. If both parties do not strive for the property, the property shall be auctioned and sold according to the application of the parties, and the proceeds of the opening of the Zen limbs shall be divided.

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

Article 76:When the two 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 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 corresponding compensation;

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

How to divide the property in the event of divorce:

After marriage, both husband and wife contribute capital (including loans) to obtain property rights, and the house is divided after divorce

This is the easiest and best case to deal with.

First of all, the property rights are clear, whether it is the name of one party or both parties on the title deed, it is joint property. Secondly, it is clear that the output value, that is, the value of the house, is calculated according to the market price, not the amount of the original purchase contract. Thirdly, it is necessary to distinguish between the equity department and the debt part.

If a loan is involved, the loan part must be removed first.

(2) One of the husband and wife has paid the full amount of the house before marriage and obtained the real estate certificate, and the house division method at the time of divorce

Since one of the spouses paid the full price of the house before the marriage and obtained the title deed, the house is pre-marital property. Therefore, in the event of a divorce, the other party has no right to claim a partition. The same is true of the provisions of the Supreme People's Court's Judicial Interpretation (II) of the Marriage Law.

(3) If one of the husband and wife buys a house through a mortgage loan before marriage and obtains a real estate certificate, and the husband and wife jointly repay the mortgage after marriage, the method of division after divorce

Although the house was purchased by one party before the marriage, the part of the house that increases in value after the marriage and the part that the loan is jointly repaid shall be regarded as joint property unless otherwise agreed by the husband and wife. It should be noted that the part of joint loan repayment, whether one party repays the loan with his or her own salary or uses the wages of both parties to repay the loan, shall be recognized as the joint property of the husband and wife. Of course, if one party can indeed prove that the loan repayment funds are from the individual's pre-marital property, then this part should not be recognized as the joint property of the husband and wife.