How should the house divide the property 10

If there is no marriage certificate, then they have no legal relationship as husband and wife. The house is registered in your mother-in-law's name, which is your mother-in-law's personal property. If you can provide proof of your original capital contribution, you can request a return of this part of your capital contribution.

When you buy a house, is it divorced or not divorced? If it is divorced, the house is registered in the mother-in-law's name and belongs to the mother-in-law's personal property; If you haven't divorced, it's the joint property of your father-in-law and mother-in-law. Twenty years of life after a divorce are de facto marriages, not legal marriages.

The protection of de facto unions under the law is very limited.

If you have evidence to prove that the money for the new house** and the offset area belong to the joint property of your father-in-law and mother-in-law (not the joint property of the husband and wife, but only the joint ownership), and whether the original house was bought before they registered the divorce, if not, it depends on the property rights of the original house. Now there is no talk of de facto marriage in the Marriage Law, and what the above netizens said is not right.

Legal analysis: The house bought after marriage is the joint property of the husband and wife without special agreement, and it should be divided equally in the event of divorce. 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 according to the application of the parties, and the proceeds shall be divided.

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 as provided for in item 3 of Article 1060 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 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.

1) The joint property of the husband and wife shall generally be divided equally. That is to say, the joint property of the husband and wife shall be divided equally in the original banquet hall; According to the actual needs of production and life and the actual needs of property, the specific treatment can also be different. Items that belong to the exclusive use of the individual are generally owned by the individual.

2) The joint property of the husband and wife who live separately and manage and use them separately shall be owned by the management and user party when divided; In the case of a significant difference, the party who has acquired the excess property shall compensate the other party with property equivalent to the difference.

3) If the bride price is paid in accordance with the custom after the marriage has been registered, or if the payment before marriage causes the payor to live in difficulty, the other party may request the other party to return the bride price when the divorce fails.

4) If one party operates in partnership with another party with the joint property of the husband and wife, the property of the tenant may be owned by one party, and the party who has a share of the property shall give compensation equivalent to half of the value of the property to the other party.

5) For the breeding and planting industries that are jointly operated by the husband and wife in the current year, they should be reasonably divided or discounted in consideration of being conducive to the development of production and business management at the time of divorce.

6) The two parties have repaired, renovated, demolished and built the house owned by one party before the marriage, and the property rights have not been changed at the time of divorce, and the share of the multiplication part belonging to the other party shall be compensated by the owner of the house at a discounted price.

7) Property obtained through marriage, if the marriage is not long in the marriage, or the other party's life is difficult due to the request for property. It can be returned as appropriate. Where it is difficult to determine whether the nature of the property obtained is a request or a gift, it may be handled as a gift.

8) The house jointly owned by the husband and wife that is not suitable for division and use shall be divided among one party according to the housing situation of both parties and the principle of taking care of and raising children or the party who is not at fault. The party who has been allotted the house shall compensate the other party equal to half the value of the house. The woman should be taken care of when both parties are on the same terms.

9) If the intellectual property rights owned by one party at the time of divorce have not yet obtained economic benefits, the other party shall be given appropriate consideration according to the specific circumstances when dividing the joint property of the husband and wife.

10) Where personal property before marriage is naturally damaged, consumed, or lost in common life after marriage, and one party requests compensation with the joint property of the husband and wife at the time of divorce, it will not be supported.

The above is the regulation on how to divide the property of the house.

The division of house property follows the following principles:

1) The two sides shall decide through consultation. The division of property between the husband and wife in the event of divorce shall be carried out by both parties on the basis of the principle of consensus, and cannot be decided by one party.

2) Equality between men and women. Women should not be discriminated against, and women's rights should be respected and protected when dividing the joint property of husband and wife in divorce.

3) Take care of the rights and interests of children and women. If the negotiation fails, 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 and the woman.

4) The principle of compensation. If one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., he has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

5) The principle of taking care of the innocent party.

1. The legal provisions governing matrimonial property are as follows:

1. The following property acquired during the marriage relationship is the joint property of the husband and the wife:

2. The following property belongs to the personal property of one of the spouses:

3. Husband and wife may realize the agreed property system, stipulating that the property acquired during the existence of the marital relationship and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. If the third party knows that the property of the husband and wife has been agreed, the debts owed by the husband or the wife to the outside world shall be paid off with the property owned by the husband or the wife.

2. The following properties cannot be divided:

1. The ownership of the real estate does not belong to either of the husband and wife, and cannot be divided;

2. If the house is purchased in the name of another person, the property right of the house is not in the name of either of the husband and wife;

3. The house bought by one of the parents, and it is clearly stated that it is owned by one party, is personal property and cannot be divided;

4. Second-hand houses that have not gone through the transfer procedures;

5. The gift and inheritance have not been transferred;

6. The property right certificate has not been obtained for the housing reform.

Legal basis: Article 39 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 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.

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 party who has no remorse.