What should I do if I haven t handed over the house after my divorce

First of all, the property involved in this case was purchased by the parties after marriage and was jointly financed by the two parties. Then it can be confirmed that the property belongs to the joint property of the husband and wife. Then, the two can be divided equally in the event of a divorce.

Secondly, since the property is "off-plan" and a mortgage loan, the parties can negotiate the ownership of the property and the cash compensation. According to Article 39 of the Marriage Law, 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. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Thirdly, according to Article 10 of Interpretation III of the Marriage Law, if one of the spouses signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a bank loan, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce.

If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the party whose property rights are registered, and that the loans that have not yet been repaid are the personal debts of the party whose property rights are registered. In the case of divorce, the party registered in the property right shall compensate the other party for the joint repayment of the loan and the corresponding increase in property value between the parties after marriage.

According to Article 30 of the Judicial Interpretation of the Marriage Law, if one of the spouses signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce. If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the party whose property rights are registered, and that the loans that have not yet been repaid are the personal debts of the party whose property rights are registered.

After the divorce, the husband and wife can go through the transfer of the house. According to the agreement of the divorce agreement between the two people, with the ID cards of both parties, household registration book, divorce certificate, divorce agreement (indicating the detailed rules of housing division and which party belongs to it), housing real estate certificate, deed tax certificate, land certificate, both parties apply to the housing management department to which the housing belongs together, as long as the handling fee of about 200 yuan can handle the property transfer to one party. After the divorce, if both parties go through the transfer of the sale and purchase of the house, they can apply for a loan.

Because the two are not husband and wife after the divorce, they can go through the normal housing sales and transfer procedures, and the buyer can apply for a housing loan mortgage in accordance with the regulations of the local bank. The premise of the sale and transfer of ownership is that the property of the house is disposed of, it belongs to the property legally owned by the seller, and the housing loan is paid off without collateral.

1. There is no direct relationship between whether you are husband and wife after applying for the real estate certificate, and the name written on the real estate certificate is not necessarily the relationship between husband and wife; 2. Divorce is divided into two forms: divorce by agreement and divorce by court judgment. 3. The house is divorced without handing over the keys, and based on your purchase contract, whose name is registered on the contract is more beneficial to whom.

The house has not been handed over at the time of divorce and the handling method is as follows:

1. The house that has not been handed over belongs to the off-plan house, and in the case of off-plan housing, it will be handled according to whether it is the personal premarital property of one of the husband and wife when the divorce is divided;

2. If it is the joint property of the husband and wife, then it will be distributed in accordance with the agreement or in accordance with the principle of equality between men and women;

3. The property division agreement in the divorce is legally binding for both parties.

The division of property in a divorce follows the following principles:

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

2. Equality between men and women;

3. Take care of the rights and interests of the child and the woman, and if the negotiation fails, 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 child and the woman;

4. The principle of compensation;

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

Civil Code of the People's Republic of China

Article 1087.

In the event of a 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.

Legal Analysis: If a man and a woman purchase and apply for a mortgage loan in the name of one or both parties after marriage, the property right is registered in the name of the individual or both parties, and the mortgage loan is repaid by both parties after marriage, as long as there is no special agreement between the husband and wife, then the property should belong to the joint property of the husband and wife. The mortgage amount outstanding to the bank is a joint debt.

If a man and a woman purchase real estate in the name of both parties after marriage, and a mortgage is applied in the name of one of them, and the loan is repaid by one party, it is also recognized as the joint property of the husband and wife, as long as the house is acquired during the existence of the husband and wife, if there is no special agreement, whether it is registered in the name of both parties or in the name of one of the parties, it belongs to the joint property of the husband and wife. In the case of divorce and division, the division shall be carried out with reference to the actual situation.

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

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the opinions reached by the parties on matters such as child support, property, and debt disposal.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted. Hood transport.

Summary. If the house is not handed over and divorced, the house will be distributed according to the agreement or in accordance with the principle of equality between men and women. In the case of off-plan housing, when the divorce is divided, it will be handled according to whether it is the personal premarital property of one of the husband and wife, and if it is the joint property of the husband and wife, then it will be distributed in accordance with the agreement or in accordance with the principle of equality between men and women, of course, the property division agreement in the divorce is legally binding on both parties.

If the house is not handed over and divorced, the house will be distributed according to the agreement or in accordance with the principle of equality between men and women. In the case of off-plan housing, when the division of the divorce will be handled according to whether it is the personal premarital property of one of the husband and wife, if it is the joint property of the husband and wife, then it will be distributed in accordance with the agreement or in accordance with the principle of equality between men and women, of course, the property division agreement in the divorce is legally binding on both parties.

If the divorced house has not yet been handed over, the divorced parties may agree that the house shall be owned by one party, and the loan that has not been paid off shall belong to the personal debts of the party who has obtained the housing, and the party who has obtained the housing allowance shall give the other party appropriate compensation that both parties accept. (So you can get a part of the money) and then the two parties together to write the house division rules into the divorce agreement, both parties signed and fingerprinted, it is best to do a notarization, pay attention to keeping. After the housing loan is paid off in the future, both parties can go to the housing management department to handle the housing property transfer to one party in accordance with the provisions of the divorce agreement, and reapply for the real estate certificate in the name of this party.

If one party breaches the contract, the other party can sue the court to defend their rights on the basis of the divorce agreement.

Hello! I want to consult how I should write the divorce agreement, I gave birth to two Bizhen children, I have a house and a car with a model, the house has not been paid, and the other party has asked to pay 60,000 yuan to him, the house belongs to me, the car belongs to him, and the child has one with one.

In addition to the name, gender, age, place of residence and ID numbers of both parties, the divorce agreement should also be written: (1) the intention of both parties to voluntarily divorce; (2) Child support, that is, the ownership of child custody after divorce.

Is it reasonable for him to ask for this?

He made a reasonable request.

Can I ask him again for compensation?

Dear you can ask him again to make amends.

When I got married, I promised my dad to make up the bride price of three gold beans to me, but I only made up a ring, and I went to do the prenatal examination alone to give birth to two children, and I didn't let me go on the salary card.

You can ask him for 80,000 yuan in compensation.

What if you don't agree, is it going to go through the legal process to appeal? If you appeal, the house will not have to be sold and the property will be divided.

Yes, they do not want to go through the legal process to appeal, and if the other party also appeals, they will sell the house for property division.

You negotiate first.