My brother is going to divorce, the house is in his wife s name, the real estate certificate has not

A house bought when you got married. It depends on who pays for it, if it is your parents who bought it for your brother. The woman did not pay.

That's your brother's own. If the woman contributes money, it is the joint property of the husband and wife. It is divided according to the situation, or the amount of capital contribution.

It doesn't matter whose name it's written. But there must be evidence of the amount of contributions. Bank withdrawal slips or transfer certificates are acceptable.

If not, and the other party does not admit it. That's not a good way to say. FYI.

The house was bought at the time of marriage, which is the joint property of the husband and wife, and when the divorce is divorced, one person and half of the property, and one party to the house is required to pay half of the house to the other party. Of course, the money is calculated at the current market price.

Although the younger brother wants to divorce, but the house is in his wife's name, although the real estate certificate has not come down, but although the house was also bought when he got married, if he is really divorced, then the house does not have her name, and there is no share of her.

That is to say, this house is the joint property of him and his wife, and if there is a divorce, it will be distributed, even if the property has not been completed, it is also like this, the key is the names of the two people.

Hello, this friend is like this, if it is your parents' money, then your parents ask your brother to buy the house before marriage is your brother's personal property, if it is said that the husband and wife bought the house when they got married, it is their husband and wife, and both parties share it.

That should belong to the husband and wife, joint property, and see who paid for the house.

When you get married? If it is married, it is joint property.

If it can be proved that it is the joint property of the husband and wife, then it is okay. Divided.

What do you mean is whether you can get a house or not, this is mainly who pays the down payment for buying a house, and who goes to whom. If it comes out together, it depends on who has more to whom.

Yes, in case of divorce, your wife's name is on the real estate deed, and the house belongs to the joint property of the husband and wife, which is divided equally.

Comprehensive suggestions: First, if you buy a house before you get married, it is personal property, and during the existence of the marital relationship, if the wife asks to add her name to the real estate certificate, it will be regarded as the joint ownership of the personal property before the marriage between the husband and wife during the existence of the marital relationship, which will be counted as the joint property of the husband and wife, and should be divided according to the joint property of the husband and wife at the time of divorce.

[Legal basis].Article 1063 of the Civil Code: Instant skimming of grasshoppers and slivers, instantaneous skimming of grasshoppers, and instantaneous skimming of grasshoppers.

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

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 shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties. If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

I don't think you should listen to her, she minds so much, it means that she is doing everything to make money now, but she has never thought about it, husband and wife, if she is gone, the house is yours, if you are gone, the house must be hers, provided that she is with you, otherwise I don't think there is any need to do more. Nowadays, women have to inch in, and you are too good to her, but you are on the nose and eyes.

If you add it, half of it will be good, but don't weigh it yourself because of this breakup.

No, pre-marital property is pre-marital property, and if you add a name, you will be divided into half, if you don't think about it, why don't you kidnap and rob it.

Of course. See for yourself, in fact, you already have the answer to this kind of question in your heart.

With the addition of the name, there is half of her.

Pre-marital property, it has nothing to do with her.

In the event of a divorce, the court will rule that the house belongs to one party and that party will pay the discount on the house, but the court will take care of the interests of the women, children and the innocent party when dividing the house. However, even if the house was acquired during the marriage, the portion of the party's personal property needs to be carved out on a case-by-case basis in the following cases:

First, if one party uses the pre-marital property to purchase a house with a wide amount of money and registers it in his or her own name, the capital contribution still belongs to the personal property of that party and belongs to the individual, because according to the law, the change in the form of the pre-marital property does not affect the nature of the property and remains the property of the individual.

Second, if one party uses the pre-marital property to pay part of the purchase price and registers it in his or her own name, the personal property of the spouse should be discarded at the time of divorce, and the remaining part should be divided between the parties.

[Legal basis].Civil Code

Article 1062: [Joint Property of Husband and Wife] 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) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other assets that shall be jointly owned by Souliang.

Husband and wife have equal rights to dispose of joint property.

Article 1063: [Personal Property of Husband and Wife] The following property is the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Article 1087 [Disposition of Joint Property of Husband and Wife at the Time of Divorce] At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between Peiyan and both parties; 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.

First of all, look at whether the real estate certificate is personal property before marriage or the husband and wife jointly purchased after marriage, if the two people buy together after marriage, even if there is no wife's name on the real estate certificate, then the property also has a wife's share.

If you bought the house after you got married, even if it doesn't have your wife's name on it, your wife will have a share in the divorce.

If the real estate certificate is also in his place, he can also apply for divorce, not to say who is in the hands of the real estate certificate, the house is whose name, but also depends on whose name is written in the real estate certificate, and if the property is purchased after marriage, then this belongs to your joint property of the husband and wife, and you can apply for property division at the time of divorce, and then he will submit the real estate certificate to the judge。If he does not agree to divorce by agreement, he can sue for divorce, and even if he is not present, he will be able to sue for divorce. So I think you can negotiate with him first, and then you can sue if the negotiation is not good.

This property does not mean that whoever holds it in his hands will have to divide his property after marriage.

Unless the property was purchased by one of the parties before the marriage, then it can belong to one party. If there are two parties who buy it together, and it is still after marriage, it must be divided. Even if the real estate deed does not write the name of one party, this must be divided equally as a marital property.

And the name on the real estate certificate is not the only certificate, the bank also has some loan repayment certificates, which is also a very important thing, the man has to go to the bank to get the flow certificate of these loans, to prove that he is also repaying the house, to prove that he has contributed to the house, then he can get back half of the property rights.

When dividing property, you can consult some professional lawyers, those professional lawyers will definitely give you a satisfactory answer, and if necessary, you can also ask them to go to court, but the cost of hiring this lawyer will be relatively high, but some people divorce the property involved in the amount is still relatively large, at this time you can go to a lawyer.

If you feel that the cost of finding a lawyer is too high, you can also go to some pro bono lawyers, these pro bono lawyers are there to serve people. When it comes to dividing property in a divorce, it is best to negotiate an agreement first. If the agreement cannot be resolved, the lawsuit will be settled.

You can communicate with your wife, it is possible that your wife does not want to divorce, so you must correct your shortcomings and live a good life with your wife.

You can sue for divorce by using legal means, and you should also take some other property rights into your own hands.

Faced with such a situation, you can negotiate with your wife to resolve it and persuade the other party to take out the real estate certificate, so that you can get a divorce.

If the house was bought after the marriage with the joint property of the husband and wife, then the house is essentially the joint property of the husband and wife.

First of all, determine the ownership of the house, the house was purchased during the marriage, and it is proved that the house was bought with the joint property of the husband and wife after marriage, then the house is essentially the joint property of the husband and wife, even if the real estate certificate writes the wife's name, the man is also half, and the house should be jointly distributed in the divorce, not only the woman.

Common property includes wages, bonuses and other remuneration for labor services, income from production, operation and investment, income from intellectual property rights, inherited or donated property, etc. 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 in accordance with the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

However, if the woman has evidence to prove that the money for the property purchased during the marriage is her pre-marital property and is registered in her name, then the property is personal property and the husband is not entitled to a division in the event of a divorce.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China.

The following property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; 2) Income from production, operation and investment; 3) income from intellectual property rights; 4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law; 5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

Seriously, hopefully. If it was bought with the joint property of the husband and wife after marriage, then you can ask for a share. If the other party has evidence to prove that the money for the property purchased during the marriage is all his property before the marriage and is registered in his name, then the property is personal property, and the husband has no right to ask for division in the event of a divorce.

If it is determined to be joint property, it is uncertain how much can be divided, it depends on who has more money, and whether there is any fault, such as one party has an extramarital affair, or bigamy and other faulty behaviors that lead to divorce, then it may be that when the divorce occurs, the court will give the man a little more as appropriate. If there are no disputes, then it is evenly distributed.

Marriage is a house purchased by both husband and wife after marriage, although only the wife's name is written on the real estate certificate, but if you divorce now, the house belongs to the joint property of the husband and wife, and both parties need to agree to divide it.

According to the relevant provisions of the Marriage Law, the pre-marital property belongs to each other, and the post-marital property should be divided equally in principle, although the name of the wife was added to the real estate certificate after buying a house for a few years, but this house is also considered the joint property between the husband and wife, and the two parties will divide a part of the wife after the divorce, but the specific amount to be divided depends on the specific situation, it is not uncommon for the husband and wife to part ways because of the issue of interests, do not be carried away by interests, love is more important than money.

Divorce is the rights and freedoms of both husband and wife, but before the divorce must be considered clearly, both parties can choose to divorce by agreement, or choose to divorce by litigation, generally choose to divorce by litigation The two sides must have irreconcilable contradictions, it is very likely that the two parties have problems in the distribution of property, or one party wants to divorce, the other party does not want to divorce, but in short, love must be cautious, must be done to get together and disperse, so that people have no regrets.

When dividing property in divorce, you must be careful, if you encounter irreconcilable contradictions, do not use violence to solve the problem, but through the court to protect your rights and interests, after all, every family has a difficult scripture, as the so-called take a step back and open the sky, endure the calm for a while, as long as both parties stand in the same angle to look at the problem, many things will be solved, so husband and wife must learn to control their emotions.

Two people can become husband and wife is a kind of fate so we must cherish it, we must not quarrel because of a little thing, there is no contradiction that cannot be solved, and there is no problem that cannot be handled, the feelings of husband and wife should not be mixed with too many interest disputes, otherwise it is easy to lead to the breakdown of the relationship, love is actually very simple, all year round, three meals a day, two people must learn to respect each other, and understand each other after encountering problems, so many complex problems will be easily solved, When it comes to love, you must not only care about yourself.