After getting married, the house is raised, and how should the house be divided if you get divorced

Has the heightened house been reported to the Construction Bureau? If you don't have this, it may be an illegal reconstruction, and maybe it won't be recognized by the law, let alone divide the house. It should still be negotiated between the two parties, and if there is no legal support, this is the only way.

If the house has been built before marriage, then it generally belongs to the other party's pre-marital property, and as for the building after marriage, because it is the joint property of the husband and wife, it is generally half of one person. In fact, you can't get a definite answer by asking here, so it's better to consult a lawyer directly, they are more professional, and it is much better to deal with this kind of problem both empirically and theoretically. I feel that the height of the house will not affect the problem of house division, and it should be half of the matter.

The probability is that it is half a point. Ownership of a house is subject to registration. If the house is purchased with a down payment before the marriage, it is considered as pre-marital property in principle. For the man's down payment, if there is evidence that it was paid before the marriage, then the down payment should be considered as the pre-marital property.

Depending on whether the house is pre-marital property or post-marital property, if the post-marital property is half per person, and the pre-marital property, then the heightened part can only be discounted by one and a half.

Whoever pays the lion's down payment will be whomever it is. Two people who repay the mortgage together also need proof of capital flow. How much money is deducted each month? How much did the man come out? How much did the woman come out? All kinds of materials and all kinds of proofs are empty!

Timing is very important. If the application is made after marriage, it belongs to the joint property of the husband and wife, and in the case of divorce, it is generally half of one person. Pre-marital application, pre-marital registration, depending on the registration situation, if it is registered in the name of two people, it is joint property, and half of one person in the event of divorce.

If the application is made before marriage and is registered in the name of one party, and the loan is repaid jointly after marriage, the loan repayment part and the corresponding value-added part belong to the joint property, and the house belongs to the registered party, and the joint loan repayment and value-added part are divided in half. The application before marriage is registered in the name of one party before marriage, and the registered party repays the loan with personal property after marriage, which belongs to one of the registered parties. If the application is made before marriage, the registration after marriage, and the registration is in the name of both parties, refer to the first situation.

If the application is made before marriage and is registered in the name of one party after marriage, in principle, all property acquired after marriage is joint property, and it also needs to be divided in half. ‍‍

The heightened house can be dealt with together with the previous house, and even the part of the heightened house after marriage is easier to deal with, after all, this must be the joint property of the husband and wife, so it is good to divide it in half.

The property before the marriage is not divided, which means that the ownership of the pre-marriage floors of the house does not change. The heightened house is divided according to which of the parents of both parties pays for it. If the husband and wife pay for it themselves, then it is divided equally.

Who pays the down payment and who pays the loan after marriage? These two are figured out, and the house will be well divided. As for the part of the heightened house, it is good to follow the main body of the house, and it is not necessary to take it out separately and divide it.

It depends on the procedures, and the heightened house has little to do with the house, but it still depends on the theme. According to the latest provisions of the Marriage Law in 2018, the division of divorce property involved is more concerned with various procedures, documents, capital bills, etc., and a relatively effective judgment is obtained after the final investigation is clear.

The distribution method of the house after divorce: if the husband and wife have an agreement, it shall be distributed according to the agreed plan. If there is no agreement, the real estate that is personal property shall not be divided, and the real estate that is joint property shall be judged by the Xiangna People's Court according to 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.

Article 1065 of the Civil Code of the People's Republic of China is hereby confiscated by the Chinese People's Republic of China, where the man and the woman are married, may agree that the property acquired during the marriage relationship and the property before the 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. 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 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.

In the event of divorce, the part of the house that appreciates after marriage should be divided according to the specific circumstances. The law stipulates that Zheng Min shall recognize the proceeds of one party's personal sale of surplus property after marriage as the joint property of both parties, except for the fruits and natural appreciation. Therefore, the division of the value of the property should be determined according to the ownership of the property.

If the property is the personal property of one party, the appreciated portion also goes to the individual; If the property is the joint property of both parties, then the appreciation belongs to both parties.

[Legal basis].

Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) Article 26 The income generated by the personal property of one of the husband and wife after marriage shall be recognized as the joint property of the husband and wife, except for the fruits and natural appreciation.

In the event of divorce, the part of the house that appreciates after marriage should be divided according to the specific circumstances. The law stipulates that the income of one party's personal property after marriage shall be recognized as the joint property of both parties, except for fruits and natural appreciation. Therefore, the division of the value of the property should be determined according to the ownership of the property.

If the property is the personal property of one party, the appreciated part is also owned by the individual and sold to the surplus; If the property is the joint property of both parties, then the appreciated part belongs to both parties.

[Legal basis].

Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) Article 26 The income generated by the personal property of one of the husband and wife after marriage, except for the fruits and natural appreciation, shall be recognized as the joint property of the husband and wife.

The division of real estate before marriage in the event of divorce is as follows: 1. If the house is purchased by one party with personal property before marriage, and there is no special agreement between the two parties, the dust hall house is owned by the investor; 2. If the house is a property purchased by both parties with joint funding, the house shall be deemed to be the joint property of the husband and wife, and it will generally be divided equally in the event of divorce.

[Legal basis].

Article 1060 of the Civil Code of the People's Republic of China stipulates that the following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (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 should belong to one party.

If the house was bought by an individual with personal property before the marriage, then the house is a personal pre-marital property. In the event of a divorce, the appreciated portion is also personal property and is not divided. If the house is joint property, then the house is settled by mutual agreement after the divorce.

If it cannot be handled through negotiation, the court shall make a judgment.

1. The division of divorce property shall be governed by the following principles:

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

2) Equality between men and women. Women should not be discriminated against, and women's rights should be respected and protected when dividing the joint property of husband and wife in divorce.

3) Take care of the rights and interests of children and women. If the negotiation fails, the people's court shall 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 and the woman.

4) The principle of compensation. If one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., he has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

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

2. Disposal of the marital estate: When one of the spouses dies, half of the personal property of the deceased spouse and half of the joint property of the husband and wife is the inheritance. Half of the deceased's share of the property is the estate, and half of the surviving party's share goes to the surviving party, and according to the statutory succession provisions, the surviving party also participates in the division of the deceased party's estate.

In the case of divorce proceedings, the joint property of the husband and wife shall be divided in accordance with the law. According to the provisions of the Civil Code, the legal income of one or both parties during the existence of the marital relationship, as well as the property and property rights converted from such income, belong to the joint property of the husband and wife. Specific should include:

1) The wages and bonuses of both husband and wife;

2) Profits from production and operation;

3) Income from intellectual property rights: refers to property gains actually obtained or clearly available during the existence of the marital relationship;

4 calendar acres) property inherited or received from gifts;

5) In the case of one-time expenses such as demobilization expenses and self-employment expenses in the name of the military limb state forest people, the income shall be multiplied by the annual average income from the duration of the marital relationship of the husband and wife;

6) the income obtained by one side from the investment of personal property;

7) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;

8) Pension insurance premiums and bankruptcy resettlement compensation that both men and women have actually obtained or should have obtained.

Article 1092 of the Civil Code provides that if one of the husband and wife conceals, transfers, sells, destroys or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife in divorce, the other party may share less or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.