The problem of divorce and property division of rural couples is very distressed and urgent

Rural house, if the house was built by your mother before marriage, then your mother does not have the area of the homestead and does not have the property right of the house, and the property right of the house belongs to your grandfather and grandmother. If the house was built by your mother after she got married, and your mother has the area of the homestead, if your father or mother contributed to the house, you can share the house to live in. If you want to divorce, it should be a house that is built equally, and both parents have the right to live, and it does not change depending on whether there is a homestead area.

However, after the house collapses or is demolished, there is no right to build a new house on the original homestead, because the homestead will naturally return to the original homestead and the applicant will have the right to dispose of it completely. Therefore, in the end, it is generally negotiated and dealt with, and if the court also divides according to this procedure, if one party really has no place to live, there may be a divorce but still living in a different room in the same building.

According to the relevant laws and regulations: (1) The 200-square-meter house built by your grandfather belongs to your grandfather's property, not the joint property of your parents and your parents, and your parents cannot divide it; (2) If a two-story house is built after marriage, if it is built only by your parents, your parents will be half of it; (3) If the two-story house is built with the common income of the family, including the labor income of your grandparents, parents, and aunts, it shall be divided jointly by the members of the family labor, and if the capital contribution is proportionate, it shall be divided proportionally. (4) After marriage, your father's work income and savings belong to the joint property of your parents and husband and wife, and if you take it out for living and working or paying business debts or paying for the living needs of grandparents and children, it is not a transfer of property.

The best thing to do is to persuade your mother not to divorce. If you want to leave the children, you can't control it.

On the property issue, it is impossible to be very detailed about the property of rural couples, and your mother can only get half of the house built after marriage, and it is unrealistic to divide the house in the countryside, how can she live in the house that your mother gets? It is not easy to buy the house of the villagers in the township, and the result of the processing is only as a price, and the final result is only economic mediation, your mother's deposit amount with evidence can be calculated, and your father's transfer is useless, and she is useless without evidence, and the divorced women in the countryside are still weak, so your mother will spend a lot of energy to deal with it.

Depending on how many rooms there are, they can only be divided by room, which is roughly the same.

The second floor of the back cover is divided in half by the husband and wife, and the original one belongs to the man.

Legal analysis: When a husband and wife divorce, they first need to clarify whether the house belongs to the joint property of the husband and wife, and if it belongs to the joint property of the husband and wife, it can be divided by both parties through negotiation, and if the negotiation fails, a lawsuit can be filed with the people's court, and the people's court will make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

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

Article 1088:Where one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, and so forth, they have the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement fails, the court shall make a judgment.

Article 1089: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.

Article 1090 In the event of divorce, if one party has difficulties in living, the other party who can afford it shall give appropriate assistance. The specific measures shall be agreed upon by the double sedan party; If the agreement is not reached, the people's court shall make a judgment.

Legal analysis: 1. If one party builds a house before marriage, and the husband and wife jointly talk about living and using it after marriage, if there is no agreement to the contrary between the two parties, the house is generally recognized as the personal premarital property of the party who built the house before marriage. If the debts incurred as a result of the construction of the house before the marriage are repaid out of the joint property after the marriage, the party who acquires the property shall compensate the other party with half of the total amount of the debts to be repaid.

2. If the parents build a house on the homestead for the purpose of their children's marriage and residence, if the construction is completed before marriage, it is generally regarded as a gift to the child, and the child's spouse has no right to divide it; If it is built after marriage, it is generally regarded as a gift to both husband and wife, and the house is the joint property of the children. Unless otherwise agreed by both parties.

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

Rural couples are the same as urban couples, if the property is the joint property of the husband and wife, then the divorce is to divide the property between the husband and wife, if it is the man's premarital property, the woman cannot divide the property at the time of divorce.