The name on the real estate deed is the name shared by the husband and wife, how to divide it in the

Updated on society 2024-03-12
3 answers
  1. Anonymous users2024-02-06

    Legal analysis: the property purchased by one of the spouses after the marriage, regardless of which name is registered, belongs to the joint property of the husband and wife; Both the down payment and the joint repayment are the joint property of the husband and wife, and in principle, the husband and wife divide it equally. The court will generally rule that the property belongs to the party whose property rights are registered, and the other party will be compensated for the part of the property appreciation and the part of the joint loan repayment.

    Legal basis: Article 1065 of the Civil Code of the People's Republic of China provides that a man and a woman may agree that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing.

    Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply. The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties. If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

    Article 1066:In any of the following circumstances during the existence of a marital relationship, one of the husband and wife may request the people's court to divide the joint property: (1) one party has conduct that seriously harms the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or falsifying the joint debts of the husband and wife; (2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

  2. Anonymous users2024-02-05

    Legal analysis: the real estate certificate is the name of the husband and wife divorce should be divided equally, if there is a dispute, the joint property of the husband and wife shall be disposed of by agreement between the two parties; 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.

    Legal basis: Article 1087 of the Civil Code of the People's Republic of China 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.

  3. Anonymous users2024-02-04

    1. If the property is purchased in full before marriage, it belongs to the name of the real estate witness, and if it is purchased with a loan, the joint repayment and appreciation part of the loan is the joint property of the husband and wife.

    2. If the house purchased during the marriage of the husband and wife is not expressly agreed by the husband and wife, and only the name of one of the people is written on the real estate certificate, it shall be recognized as the joint property of the husband and wife.

    Legal basis] Article 1062 of the Civil Code, the following property acquired by husband and wife during the existence of the 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.

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