What to do with the divorce of the couples in the countryside fifty real estate

At the time of divorce, the division of joint property has nothing to do with the timing of the marriage. In principle, as long as it is the joint property of the parties during the marriage, then the parties can divide it equally in the event of divorce. According to Article 17 of the Marriage Law, the following property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses; (2) Income from production and operation; (3) the proceeds of intellectual property rights; (4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; (5) Other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.

At the same time, if the parties cannot negotiate the division of joint property at the time of divorce, then it can be resolved through litigation. According to Article 39 of the Marriage Law, 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 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. 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 case of divorce by mutual agreement, both parties voluntarily reach a division agreement. If the two parties cannot reach an agreement, they shall resort to the court, and the court shall adjust it in accordance with law, and if the mediation fails, make a judgment.

See if it's joint property

The specific treatment of the house in the rural area where the couple divorces is as follows:

1. Principle of segmentation. Based on the characteristics of rural house ownership, it is necessary to first distinguish whether the disputed house is the joint property of the family or the joint property of the husband and wife;

2. Segmentation method. Since rural real estate is linked to a specific homestead use right, the acquisition of homestead use rights is premised on membership in the village's collective economic organization.

What should I do if I get married, the house and the car are all the man's family.

1. The house purchased by one of the husband and wife before marriage, and the full payment of the house should belong to the personal property of one party before marriage, and the other party has no right to ask for division in the event of divorce;

2. After marriage, the house purchased by one of the spouses with personal pre-marital property shall belong to the personal property of one party, and the other party shall not have the right to claim division in the event of divorce;

3. If a house is rented by one party before marriage and purchased with common property after marriage, and the house ownership certificate is registered in the name of one party, it shall be recognized as the joint property of the husband and wife;

4. The house (including loans) purchased by the husband and wife with their joint property after marriage shall belong to the joint property of the husband and wife.

[Legal basis].Article 1087 of the Civil Code of the People's Republic of China.

In the event of a 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.

The division of divorce in rural houses should be discussed on a case-by-case basis. If it is a house built before marriage and used jointly by the married couple, there is no agreement and it belongs to the pre-marital personal property; If one party builds the house before marriage, the debts owed for the construction of the house are jointly repaid by the husband and wife after the marriage, and the party who gets the house shall compensate the other party accordingly for the repayment of part of the debt; The house built by one of the families for the purpose of the marriage of the children shall be inhabited by the husband and wife after the marriage and shall be the joint property of the husband and wife, and the husband and wife shall have the right to divide it equally. According to Article 1065 of the Civil Code, a man and a woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly.

The agreement shall be in writing.

Article 1065 of the Civil Code provides that a man and a woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing.

Analysis of the law: In the event of a divorce, the occupant of the rural house can be determined by both parties through negotiation, and the occupant shall compensate the non-occupying party.

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 is to make a judgment based on the specific circumstances of the property and in accordance with the principles of taking care of the rights and interests of the children, accompanying the woman, and the innocent party. The rights and interests enjoyed by the husband or wife in the contracting and management of family land shall be protected in accordance with law.

For the division of divorced real estate, in practice, it can generally be divided into the following situations:

1) Before marriage, both men and women jointly contribute to the purchase of a house. If the joint contribution is made and the names of both parties are registered on the title deed, the property will be divided equally in the divorce, regardless of the contribution of the two parties; If the property right of the house is registered in the name of one party and the other party has a certificate of capital contribution, it can claim division based on the certificate of capital contribution.

2) Before marriage, one party contributes to the purchase of the house, and after marriage, the property right is registered in the name of the investor. If it is purchased in full, then the house is personal property.

If only the down payment is made, the house is considered personal property, but the part of the house that is repaid after marriage and the part that increases in value of the house is joint property, and it can be divided in the event of divorce.

3) After marriage, if the man and woman jointly contribute to the purchase of the house, regardless of whether the property right is registered in the name of one or both parties, the house is joint property, and the divorce can request an equal division.

4) Before marriage, the parents contributed to the purchase of the house. The property right of the house is registered in the name of the funder's children, and the house belongs to the personal property of the funder's children. The title to the house is registered in the name of the other parent's child.

It is generally recognized as the joint property of the husband and wife, except where it is expressly expressed as a gift to the other party or other contrary agreements at the time of purchase of the house.

5) Before marriage, if both parents jointly fund the purchase of a house, regardless of whether the property right of the house is registered in the name of one party or both parties, the house shall be regarded as joint property, and shall be recognized as a gift from both parents to their respective children, and cannot be understood as a gift to one or both husband and wife.

1. It is not okay for the son of a public rental housing family to buy a house and go out.

If one of the parents contributes the capital, but the property rights of the house are registered in the name of the other party, according to the rule of daily experience, unless the parties can provide a written agreement or statement at the time of the parents' capital contribution to prove that the parents have expressly stated that the gift to the spouse of the child, it shall generally be recognized as a gift to the husband and wife of Luchang; Of course, if one of the parents contributes to the purchase of a house for their children after marriage, and the property right is registered in the names of both husband and wife, the house shall be recognized as the joint property of the husband and wife. If the parents pay only part of the price of the house and the rest is paid jointly by the spouses, the contributing parents cannot take ownership of the house and therefore cannot decide to donate the house to their children and register the house in their children's name. In view of the fact that the property rights of the house are registered in the name of the funder's own children, it is more reasonable and legal to identify the part of the parents' capital contribution as a gift only to their own children.

If one of the parents contributes capital after the marriage and the property is registered in the name of the child, the property is the personal property of the child if there is a certificate that the property was gifted to the child.

Article 29 of the Interpretation of the Marriage and Family Section of the Civil Code of the People's Republic of China provides that if the parents contribute to the purchase of a house for both parties before they get married, the contribution shall be deemed to be a gift to their children, unless the parents expressly express the gift to both parties.

After the parties get married, if the parents contribute to the purchase of a house for both parties, it shall be handled in accordance with the agreement; Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the principles provided for in item 4 of paragraph 1 of article 1062 of the Civil Code.