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Anonymous users2024-02-08Legal Analysis: In the event of a divorce, affordable housing can be divided by conjugal agreement or by filing a lawsuit with the court. If the husband and wife choose to sue for division, and the affordable housing is the joint property of the husband and wife, the principle of divorce real estate division shall be followed, and the principle of taking care of the woman, the party taking care of the children, and the party who is not at fault shall be determined who owns the affordable housing.
In the case of the couple's personal property, the affordable housing is owned by the individual at the time of divorce. If the husband and wife choose to divide by agreement, the husband and wife agree on who owns the affordable housing, in accordance with the agreement. 1. The purchase and acquisition of affordable housing during the existence of the marital relationship shall be the joint property of the husband and wife.
Although the property right certificate has not yet been applied for for affordable housing, as long as the husband and wife pay the full purchase price, the affordable housing purchased belongs to the joint property of the husband and wife.2. If one party applies for the purchase of affordable housing before marriage, and both parties jointly pay the purchase price after marriage, it is the joint property of the husband and wife.3. If one party applies for the purchase and pays part of the purchase price before marriage, and the husband and wife pay the full purchase price after marriage, the value of the house corresponding to the purchase price paid before marriage shall be recognized as the personal property of one party. The value of the house corresponding to the payment of the housing price shall be recognized as the joint property of the husband and wife.4 If one party purchases the house before marriage and has paid the full purchase price, it is personal property, and the house shall be owned by the buyer, that is, the affordable housing in this case belongs to the personal 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 divorce, if the joint property of the husband and wife is to be disposed of by agreement between the two parties, 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, 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.
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Anonymous users2024-02-07In the case of post-divorce division of affordable housing, the method of negotiation can be considered, and the parties can negotiate a more fair and reasonable division plan according to the actual situation of their own cooperation. In addition, legal measures may also be considered, such as handling in accordance with Article 35 of the Marriage Law of the People's Republic of China and other relevant provisions. At the same time, the return of the foundation should pay attention to the relevant real estate ownership, right to use, property rights certificate, real estate registration certificate and other issues.
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Anonymous users2024-02-06Affordable housing purchased and acquired during the marriage is the joint property of the husband and wife. If one party applies for the purchase of affordable housing before marriage, and both parties jointly pay the purchase price after marriage, it is the joint property of the husband and wife. If one party applies for the purchase and pays part of the purchase price before marriage, and the husband and wife pay the purchase price in full after marriage, the value of the house corresponding to the purchase price paid before the marriage shall be recognized as the personal property of one party, and the value of the house corresponding to the payment shall be recognized as the joint property of the husband and wife.
If one party purchases the house before marriage and has paid the full purchase price, it is personal property, and the house shall be owned by the buyer, that is, the affordable housing in this case belongs to the personal property of the husband and wife. If the affordable housing is the joint property of the husband and wife, the parties may decide through consultation at the time of divorce, and if the negotiation fails, the people's court shall make a judgment on the basis of the principle of taking care of the rights and interests of the children, the woman and the innocent party. If the affordable housing is personal property, it belongs to the buyer at the time of divorce.
Urban low-income families applying for affordable housing should meet the following conditions at the same time: 1. Have a local urban household registration (including military personnel who meet the local resettlement conditions); 2. The annual household income is less than 2 times (including 2 times) of the per capita disposable income of urban households in the previous year; Districts (cities) with strong support capacity can be relaxed to less than 3 times. The following personal income is taken as the statistical scope of income: >>>More
Yes, it belongs to commercial housing, and the property rights are the same. >>>More
The application conditions are as follows: (1) At least one member of the family has been a permanent resident of the city for more than 5 years; (2) Married (including divorced or widowed with minor children) and with guardianship or single houseless households aged 35 and above; (3) The construction area of the applied family property is less than 48 square meters; (4) The per capita disposable income of the applicant family is less than 80% of the per capita disposable income of urban residents in the previous year announced to the public by the Municipal Bureau of Statistics every year.
According to the relevant regulations, the following conditions must be met at the same time to apply for affordable housing: >>>More
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