The man spent a total of 500,000 yuan to buy a house, and the woman spent IO million, how to divide

This cannot be simply distributed according to the cost of buying a house when you get married, but you need to consider how long the house has been bought, the joint property situation after marriage, whether there are children and other factors.

To divide the house with money, you can go to the law firm and ask about it, and explain the truth clearly and it will give you an answer. Divide as much as you should.

If you are married, then the divorce is still half per person. If you have done a notarization before marriage, then pay each for each of them. Nowadays, everyone is more cautious about the property of men and women in marriage and divorce, and many of them have also been notarized.

Judging from your contents, this house belongs to pre-marital property, and after the divorce, the house is half for one person, which is stipulated in the new marriage law.

First of all, the real estate appraisal department evaluates the market value of the house at that time, and then divides it according to the proportion of the original investment.

The pre-marital property shall be divided according to the proportion of capital contribution after notarization and confirmation;

The marital property belongs to the joint property of the husband and wife, and has no relationship with the proportion of capital contributions, and is divided equally in principle.

In the division of property between a man and a woman who divorced in 2020, the following principles should be followed:

2. The principle of taking care of the interests of the children and the woman: Regardless of whether the woman has contributed financially to the family, it should be noted that the woman's contribution to taking care of the family and the children is also a very contribution. The woman's right to the distribution of the marital property shall not be denied on the ground of the husband's financial contribution.

At the same time, if the issue of children's property is involved, it should not be divided as the joint property of the husband and wife.

3. The principle of being conducive to life and facilitating life: the utility, performance and economic value of property should not be damaged when dealing with the division of property. It is necessary to ideally analyze the utility of property, and in whose hands it can play a better value, and cannot simply insist on a one-size-fits-all approach, one person and half, and disperse it completely.

The party who divides the party shall compensate the other party reasonably and fully according to the value at the time of the divorce.

4. Principle of prohibiting abuse of rights: When disposing of the joint property of husband and wife, it shall not harm the legitimate rights and interests of the state, the collective and others, and shall act correctly, and shall not deviate from the social purpose of rights or exceed the due limit, so as to harm the interests of others and the interests of society.

V. Principle of good faith: When dividing property in a divorce, the other spouse shall truthfully declare his or her own property to protect the right of the other spouse to know about the division of the joint property, and if there is a violation, in accordance with the provisions of the Marriage Law: when one party conceals, transfers, buys and sells, destroys the joint property of the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, the party who conceals, transfers, buys and sells, or destroys the joint property of the husband and wife, or falsifies debts, may not divide or divide less.

And in accordance with the provisions of the General Provisions of the Civil Code. Within 3 years from the time the injured party knew or should have known about it, he or she may request the court to apply for division again.

In addition to abiding by the above-mentioned principles in the division of divorce, one party should also be required to claim compensation and divide more property if he or she bears more obligations during the existence of the marital relationship. The obligation here is mainly for the party who bears the most responsibility for the care of the elderly and children in family life.

In addition, it is clarified that if one party is at fault for bigamy or cohabitation with another person, the innocent party can claim compensation.

If one party has difficulties in living at the time of divorce or if one party is raising children, it may appropriately divide some more property from the perspective of helping and taking care of them.

Let's settle it according to the court's decision.

If you sell it proportionally, you will get money for the other party if you don't sell the house

There is a right to severance.

Comprehensive suggestions: first, the property of the two parties after marriage is mixed, and the money used by the woman to buy the house after marriage is also purchased with the joint property of the husband and wife, so the real estate purchased by the woman after marriage also belongs to the joint property of the husband and wife, and second, if the divorce is divorced by litigation, the man has the right to divide it at the time of divorce.

Thirdly, the parties can also divorce by agreement, sign a divorce agreement, and the property can be divided between the husband and wife in the sense of autonomy. Fourth, during the existence of the marital relationship, the husband and wife may also agree on whether the property acquired before or during the marriage relationship is the joint property of the husband and wife or the unilateral property of the husband and wife.

[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.

After marriage, the woman buys the house by herself, if you do not have a special agreement, the woman is using her own economic income after marriage, even if you do not pay the money, the house also belongs to the joint property of the husband and wife, because during the existence of the husband and wife relationship, the economic income of both parties belongs to the joint property of the husband and wife, so the house purchased by the woman in this case is the joint property of your husband and wife, and the man who divorces you has the right to divide it, and if the negotiation fails, it can be resolved by litigation.

The house purchased after marriage is the joint property of the husband and wife and shall be divided at the time of divorce.

Legal basis] Marriage Law

Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses.

2) Income from production and operation.

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law.

In any case, the house bought unilaterally after marriage belongs to the joint property of the husband and wife, so the man has the right to divide it after the divorce, because the two of you are already husband and wife.

Hello, generally speaking, if the woman buys a house before marriage in full, there is no doubt that the property in the woman's name is unquestioned. However, after marriage, it may not be so easy to determine that it is the property of the woman.

There must be this power, because the two of you belong to this property after marriage? If you want to prove that you bought the house yourself, then you can only show evidence, so that the other party does not have any right to divide it.

Of course, there is a right to divide, and what you buy after marriage belongs to the personal property of the husband and wife, and of course you have the right to get half of it.

1. Houses owned by individuals are owned by individuals and are not divided in the event of divorce.

2. If the house is joint property, it needs to be divided at the time of divorce.

3. One party buys a house with a mortgage in his or her own name before marriage, and the property right is registered in the name of the individual, and the husband and wife jointly repay the loan after marriage. According to the law, the house is the personal property of one party before the marriage, but the two parties shall jointly repay the loan after the marriage, and the corresponding increase in the value of the loan repayment shall be given to the other party economic compensation.

4. Before marriage and during marriage, the purchase of a house by parents is registered in the names of both parties, and if there is no special explanation, it is generally regarded as a gift to the husband and wife, and the house is divided as the joint property of the husband and wife at the time of divorce. If it is registered in the name of one of your children, it is regarded as a gift to your children, and it is personal legal property and does not need to be divided.

1. How to divide the real estate of the parents who are divorced and the children who have reached adulthood.

The parents are divorced, the children have reached adulthood, and the division of the property is as follows:

1. The purchase contract signed by one of the husband and wife before marriage, the down payment is paid with personal property, and the loan is made in the bank, and the loan is repaid with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the party who pays the down payment, and the divorced property belongs to the registered party.

For the outstanding loan to the individual who has acquired the real estate, the party registered by the party shall compensate the other party for the payment of the joint repayment of the loan after the marriage and the corresponding increase in the value of the property.

2. If one party fully contributes to the purchase of the house before marriage and obtains the real estate certificate after marriage, the house belongs to one party and does not participate in the joint work of the husband and wife when the divorce property is divided.

3. If one of the parents fully subsidizes their children to buy a house before marriage, and the property right is registered in the name of their children, the property belongs to the pre-marital personal property of the registered party, and the property is divided in the divorce;

The other party does not have the right to demand the division of the property that has already been registered. If when buying a house before marriage, the parents subsidize their children to buy a house, and only part of the purchase price is paid, and the remaining purchase money is repaid by the husband and wife during the marriage;

In the case of divorce real estate division, the house will generally be awarded to the registered house, and the party who gets the house will compensate the other party for the loan repaid jointly during the marriage and the increase in value generated by the house.

4. If a person buys a house jointly after marriage, it belongs to the joint property of the husband and wife, and it shall be divided by the two parties through negotiation, and if the negotiation fails, the people's court shall make a judgment 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.

Civil Code of the People's Republic of China

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by both parties without an 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.

How to divide the divorce of the woman who paid for the house depends on the specific situation. First, if the woman has purchased the house in full before the marriage, then the house is the woman's personal property before the marriage and does not need to be distributed at the time of divorce. Second, if the woman has paid the down payment for the house before the marriage, and the husband and wife jointly repay the loan after the marriage, and the house is registered in the woman's name, the property will be disposed of by mutual agreement at the time of divorce.

If an agreement cannot be reached, the people's court may rule that the immovable property belongs to the woman, and the loan that has not yet been repaid is the personal debt of the woman. The woman shall compensate the husband for the joint repayment of the loan after the marriage and the part of the property appreciation that should be added to the property in the event of divorce.

What are the principles of divorce property division?

A house purchased or built jointly by the husband and wife during the existence of the marital relationship, or a house purchased or built jointly by both parties before marriage, is a joint house of the husband and wife and shall be divided as the joint property of the husband and wife in the event of divorce. According to Article 20 of the Interpretation (II) of the Marriage Law, if the two parties cannot reach an agreement on the value and ownership of the house in the joint property of the husband and wife, the people's court shall handle it according to the following circumstances:

1. If both parties claim the ownership of the house and agree to obtain it through bidding, it shall be allowed;

2. If one party claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party who obtains the ownership of the house shall compensate the other party;

3. If neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties and the proceeds shall be divided.

The usual practice in judicial practice is: if the common house can be actually divided and used, it can be divided and used. If it cannot be divided, it may be divided to one party as a price, and the other party shall obtain compensation.

In determining which party to allocate the house to, the housing situation of both parties and the party who takes care of the children should be taken into account. In the case of equal conditions of both parties, the woman shall be taken care of.

To sum up, in the division of property in divorce, the division of real estate is more complicated. Under the new marriage law, if the woman buys a house after marriage, it should be counted as the joint property of the husband and wife, and she will participate in the division at the time of divorce. If it is purchased by the woman before marriage and the property right is registered in the woman's name, it should be regarded as personal property.

If it is joint property, if the woman asks to get the house, she must give the other party a sum of compensation according to the market value of the property. Hope it helps.