If the parents are divorced, how can a rural house be divided equally with money, how can the parent

If the real estate and some furniture and household appliances cannot be physically divided, they can only be distributed through negotiation between the two parties, and the real meaning of the equal division cannot be realized.

Article 39 of the Marriage Law In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; 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.

In accordance with the provisions of the Marriage Law and the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in Divorce Cases by the People's Courts (hereinafter referred to as the "Property Division Opinions"), combined with judicial practice, the people's courts shall follow the following principles when hearing divorce cases and dividing the joint property of husband and wife:

1. The principle of equality between men and women. The principle of equality between men and women is not only reflected in the various legal norms of the Marriage Law, but also serves as a guide for the people's courts in handling marriage and family cases. This principle is embodied in the division of property in divorce, that is, the husband and wife have the right to divide the joint property equally and bear the obligation of joint debts equally;

2. The principle of taking care of the interests of children and the woman. Here the "care" can be given both to the woman in terms of the share of property.

It is also possible to allocate a property that is particularly necessary for life, such as housing, to the woman in terms of the type of property. After all, it is from the forces of custom, from the obstacles caused by the influence of traditional factors, and from the burden of women's housework.

In terms of burden and physiological characteristics, after divorce, women are generally weaker than men in finding work and earning a living, and they need more help from society. At the same time, special attention should be paid to the protection of minors when dividing the joint property of the husband and wife.

legal property interests. The lawful property of minors cannot be included in the joint property of the husband and wife for division;

3. The principle of conducive to life and convenient life. When dividing joint property in divorce, the utility of property should not be impaired

Performance and economic value. When dividing the means of production in the common property, they should be distributed to the party who needs the means of production and can better play the role of the means of production; In the division of the means of subsistence in the common property.

, it is necessary to try to meet the needs of individuals engaged in professional or professional activities, so as to give full play to the use value of things. The indivisible property shall be owned by one party according to the principle of actual needs and beneficial utility, and the party who receives the property shall be based on the principle of equity and the actual value at the time of divorce.

compensate the other party accordingly;

4. The principle of non-abuse of rights. When dividing the joint property of the husband and wife in a divorce, the property belonging to the state, the collective, or others must not be divided as the joint property of the husband and wife, and the lawful interests of others must not be harmed in the name of dividing the joint property of the husband and wife;

5. Where property owned by one of the spouses is consumed, damaged, or lost during common life, the other spouse shall not compensate for it. This is a summary of judicial practice experience, which meets the requirements of the relationship between husband and wife and the essence of marital life, and is conducive to avoiding unnecessary disputes.

Legal Analysis: 1. A house built by one party before marriage is a house built by one party before marriage, and then the husband and wife live together and use it.

If there is no agreement to the contrary between the parties, such a house can only be awarded to the party to whom it belonged before the marriage, since it was acquired by one party before the marriage.

(2) The house was built by one of the spouses before the marriage, and the debts for the construction of the house are repaid by the husband and wife after the marriage with the joint property after the marriage.

Since such a house is a pre-marital income of one party and not a joint property after marriage, it cannot be regarded as a property and can only be awarded to the party to whom it belonged before the marriage. However, since the debt owed for the construction of the house is returned to the joint property after the marriage, the party who gets the house should compensate half of the price of the house to the other party.

If part of the debt for building a house is repaid by the joint property after marriage, then the party who gets the house should compensate the other party accordingly.

(3) A house built by one of the families for the purpose of the marriage of their children is to be inhabited by both husband and wife after the marriage.

Such a house is considered to be the property of the parents as a gift to the spouses, and the house is divided equally between the parties unless there are special circumstances.

4. Houses built by the families of both men and women jointly funded before marriage shall be jointly owned by the husband and wife.

That is, before the husband and wife get married, the two families jointly funded the construction, and the purpose of building the house is to live and use it together after the marriage of the man and the woman, and after the man and woman get married, the house is indeed used by the husband and wife, and such a house is regarded as the property of the husband and wife donated by the family of the husband and wife to the husband and wife, and belongs to the house jointly owned by the husband and wife, and when the divorce is divided, it is generally divided equally.

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' 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.

If there is one of the following forms of emotional fighting, and the mediation fails, the 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.

If the parents in rural areas are divorced, the allocation of the house depends on the specific situation of the property. If the property is acquired by one party before marriage, it belongs to the personal property of one party, and it shall be owned by the individual at the time of divorce, unless the parties have agreed to stop the cherry blossoms; If the property is acquired after the marriage registration, it belongs to the joint property of both parties, and the divorce shall be handled by agreement between the parties, and if the agreement is not reached, the court shall make a judgment. The parties may also make an agreement on the marital property and the pre-marital property, and the agreement is legally binding on both parties.

[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 shall, on the basis of the specific circumstances of the property, make a judgment 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.

The law is the same regardless of whether it is rural or urban. If the real estate right is the property of one party before the marriage, and the original owner is still sold after the divorce, if Feng Ziguo is the joint property of both parties, the distribution can be negotiated in the middle of the debate.

Summary. This is basically recognized as a gift to both parties, belonging to joint property, and half of the divorce is a person, and it is close to each other. There is no doubt about this, it does belong to joint property, that is, if there is a divorce, the husband and wife are one and a half.

When a rural couple divorces, the house is built after marriage, but the parents pay the money, can they each share half of the divorce?

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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 (Fa Shi [2003] No. 19) provides:

Where, after the parties get married, the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a gift to both husband and wife, except where the parents expressly express the gift to one of the parties. Shut up.

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 completed, 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.

This is basically recognized as a gift to both parties, belonging to joint property, and half of the divorce is a person, and the kiss imitates the answer. There is no doubt about this hall, it does belong to the joint property, that is, if the marriage is divorced, the husband and wife are one and a half.