Do I need to pay a house appraisal fee for dividing property in a divorce?

Married life is not necessarily happy and happy, when the relationship between the two parties is irretrievably broken, divorce becomes the last choice, divorce needs to divide the property, and some property needs to be valued, so how to evaluate the divorced property? You can apply to the court for an assessment, and after the application, the court will appoint an assessment agency to conduct the assessment. Taking real estate as an example, Article 20 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that 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 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: Article 20 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China When 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 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.

If there is a dispute over the value of the house, you can entrust a real estate appraisal agency to conduct an appraisal.

Urban Real Estate Management Act.

Article 56 Real estate intermediary service institutions include real estate consulting institutions, real estate appraisal agencies, real estate brokerage agencies, etc.

Legal Analysis: The fee standard for divorce house appraisal is:

1.If the total value of the property to be appraised is less than $100 or less than $1,000,000, the appraisal fee is charged at 5% of the total value of the property.

2.If the total value of the property to be assessed is between 1 million and 10 million, the part above 1 million will be charged according to the total value of the property.

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 office.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

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 or more, and one party initiates divorce proceedings again, the divorce shall be granted.

1. What is the use of property appraisal?

Real estate valuation is the core of real estate market management, and its role is mainly manifested in the following eight aspects:

1) Real estate valuation can estimate the amount of real estate value in the stock market, which provides a basis for the management of real estate in the new era.

2) It can provide a basis for real estate transactions and the assignment and transfer of state-owned land use rights**.

3) Determine the value of the real estate collateral through the real estate appraisal as the basis for the bank mortgage.

4) Real estate valuation is the basis for the state to levy real estate taxes and fees, which effectively prevents the loss of taxes and fees.

5) Real estate valuation can be used as the basis for compensation for house demolition.

6) Real estate valuation is also necessary to deal with real estate disputes.

7) Real estate valuation is required for business activities such as joint ventures, cooperatives, enterprise contracting and enterprise mergers.

8) Real estate valuation is also required for the liquidation and valuation of enterprises in bankruptcy.

2. How much is the cost of divorce property appraisal?

Below 10,000 is 6/1000, and the asset appraisal fee standard is divided into six grades, and the billing rate of the difference between each grade is as follows:

Grade billing quota (10,000 yuan) difference billing rate (1,000 percent).

1) 101 to 10 million yuan according to 2 5

2) 1001 20 million yuan according to 1 5

3) 2001 50 million yuan according to 0 8

4) 5001 80 million yuan according to 0 4

5) 8001 100000 yuan according to 0 2

6) More than 100010000 yuan according to 0 1

Only the principal will be charged.

3. Who pays for the divorce real estate appraisal fee?

1. The case acceptance fee shall be borne by the party who loses the case. If both parties are responsible, they shall share it between the two parties. The burden of litigation costs in divorce cases is to be decided by the people's courts.

Where a mediation agreement is reached, both parties shall bear the burden through negotiation, and the losing party shall bear the judgment case. The real estate appraisal fee shall be paid by the claimant party first, and the two parties who have reached the agreement shall bear the burden through negotiation, and the judgment case shall be decided by the people's court, and according to the specific circumstances, one shall be borne by each half, and the other shall be borne by the losing party.

2. Under normal circumstances, the assessment fee is paid by the party applying for the assessment in advance, and the last two people share it equally. If both parties agree, it can also be half for one person. Real estate appraisal fees, land appraisal fees are set by the real government, and the fee standards are based on the total amount of the subject matter to adopt a progressive system of differential rating rates, and if the appraisal fee for each real estate ** is less than 300 yuan, it will be charged at 300 yuan.

3. The law does not clearly stipulate which party will pay this fee, according to your description, it should be the property appraisal done in the lawsuit, you are still husband and wife in the lawsuit, and the appraisal fee incurred before the judgment should be deducted from the joint property of the husband and wife as a joint debt of the husband and wife, and the remaining property after deduction shall be divided accordingly as the joint property of the husband and wife, of course, you can also negotiate by yourself.

The law does not specify which party will pay the fee.

The general real estate appraisal fee shall be paid by the claimant party in advance, and the two parties who have reached an agreement shall bear it through negotiation; If an agreement cannot be reached, the court will make a judgment according to the specific circumstances: each party shall bear half of the burden or the losing party shall bear it.

Legal basis] Article 1089 of the Civil Code provides that 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.

1. Does the division of divorce property need to be evaluated? According to the provisions of the Marriage Law, a house jointly purchased or built by a husband and wife during the existence of a marital relationship, or a house purchased or built by both parties with joint funds 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 the husband and wife have reached an agreement, they can handle it by themselves, and there is no need to issue an assessment report.

If there is a dispute, it needs to be valued first and then decided by the court. 2. Divorce Real estate appraisal process Real estate appraisal is to estimate the value of the house through the scientific method of drafting, and generally the value of the property jointly owned by the husband and wife will be evaluated at the time of divorce, so as to reasonably divide the property. Let's take a look at the divorce property appraisal process, I hope it will be helpful to you!

1. Obtaining appraisal business Obtaining appraisal business refers to obtaining real estate appraisal business, which is a prerequisite for real estate valuation. 2. Clarify the basic matters of valuation 3. The basic process of divorce real estate appraisal 1. Clarify the basic matters of appraisal and clarify the purpose of appraisal: When accepting the appraisal business, the entrusting party usually proposes the purpose of appraisal and writes the purpose of appraisal on the appraisal report.

Understand the assessment object to determine the assessment base date: often expressed in years, months, and days, and sign the assessment contract: it includes the assessment object, the purpose of the assessment, the time point of the assessment, the assessment fee, the responsibilities of both parties, the assessment report and other matters.

2. Formulate a work plan 3. On-site investigation and collection of data: On-site investigation is an important step in real estate appraisal work, and records should be made. 4. Calculate the assessed real estate**:

In order to obtain a fair and reasonable **, one evaluation method is generally used, supplemented by another or several evaluation methods, in order to compare and test each other. 5. Comprehensive analysis to determine the evaluation results 6. Write an evaluation report The joint property of the husband and wife needs to be divided at the time of divorce, and the other party has no right to obtain the property of one party. If one of the spouses' personal property before marriage was not acquired during the marriage, the other spouse has no right to claim division.

If the spouses have reached an agreement on joint property, or if one of the spouses voluntarily relinquishes ownership, the court should respect the views of both parties.