Just one house, no deposit, how to divide the divorce

If the house is the joint property of the husband and wife, the division can be claimed, and the rights and interests of the woman are properly taken into account.

Respect for labor, praise should be there!

It is also recommended to consult with a local professional lawyer to protect legitimate rights and interests.

Chongqing divorce lawyer Wang Jingjie.

How do you divide the house in a divorce? 1.Commercial housing purchased before marriage, where commercial housing refers to the purchase price that has been paid before marriage, and the house belongs to the party who purchased the house before marriage; 2.

Handling of the purchase of a house by parents for their children: If the house purchased by the parents is in the name of the children before marriage, the capital contribution shall be recognized as a personal gift to their children, unless the parents expressly indicate that the gift is made to both parties. After the parties get married, where the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a gift to both husband and wife, except where the parents expressly express that the gift is made to one of the parties.

3.A house with the right of use that is rented by one party before marriage and purchased with the joint property of the husband and wife after marriage is the joint property of the husband and wife, regardless of which name of the husband and wife is registered in the certificate of ownership of the house, it is the joint property of the husband and wife. 4.

If the mortgaged commercial housing purchased in the name of one party before marriage is repaid with the joint property of the husband and wife after marriage, and the full property rights of the house have been obtained at the time of divorce: The party to the contract for the sale and purchase of commercial housing signed before marriage is a party to the contract, and the rights and obligations of the contract shall be borne by that party; The down payment in the name of one party before the marriage belongs to the personal property of the paying party; The part of the increase in the value of the house during the relationship between the husband and wife belongs to the husband and wife; 4.If there is a dispute between the parties at the time of divorce over the house that has not yet obtained ownership or full ownership, the court will not make a judgment on the ownership of the house, but can only decide who will use the house, and wait until the ownership is obtained to file a separate lawsuit to resolve the final ownership issue.

5.If there is no agreement on the value and ownership of the house in the joint property of the husband and wife, the disposition shall be: If both parties claim the ownership of the house and agree to obtain it through bidding, it shall be allowed; If one party claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party that obtains the ownership of the house shall give the other party corresponding compensation; If neither party claims ownership of the house, the house shall be auctioned according to the application of the parties, and the proceeds shall be divided.

6.the treatment of the value-added portion of the house; The scarcity of real estate makes it different from other commodities, and the general commodity is degraded with the increase of use, while real estate may increase in value for various reasons, for the house purchased before marriage, the part of the house appreciation during the existence of the marital relationship is the joint property of the husband and wife, and the original part belongs to the personal property of the spouse who owns the property right. 7.

In other words, if one party is unable to maintain the basic living standard of the local area by relying on personal property and the property obtained at the time of divorce, the other party should help him, in other words, if one party does not have the financial ability to rent a house after the divorce, he can still live in the house before the divorce.

This depends on whose name is on the real estate certificate, and the words of the two people can be divided.

1) Funds temporarily deposited in the name of one or both spouses due to work needs; (2) Funds temporarily deposited into the account when one of the spouses transfers money or manages money on behalf of others; (3) The funds obtained from the transfer of property before marriage are deposited after marriage. 2. Look at the details of capital flow transactions. When the judge is dealing with the deposit in the name of the husband and wife.

Generally, the balance shall prevail, and if it can be clearly proved from the details that the other party has obviously transferred funds, the court can determine the amount of joint deposits of the husband and wife according to the actual situation, rather than just sticking to the account balance.

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

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 is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

Article 1063: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 shall belong to one party.

1. Look at the ** of the funds.

Community property should be excluded even if it is evidenced by evidence of the following:

1) Funds temporarily deposited in the name of one or both spouses due to work needs;

(2) Funds temporarily deposited into the account when one of the spouses transfers money or manages money on behalf of others;

(3) The funds obtained from the transfer of property before marriage are deposited after marriage.

2. Look at the details of capital flow transactions.

When the judge is dealing with the deposit in the name of the husband and wife. Generally, the balance shall prevail, and your application to the court to investigate the bank deposit of the other party will generally only check the balance, unless you explicitly apply to the court to obtain the transaction details of the bank account of the other party. If it can be clearly proved from the details that the other party has obviously transferred funds, the court can determine the amount of the joint deposit of the husband and wife according to the actual situation, and not just stick to the account balance.

1. How to collect evidence of bank deposits at the time of divorce.

Evidence determines the success or failure of a lawsuit. The facts found by the judge are facts proved by valid evidence, not objective facts. Then in the event of a divorce, collect evidence of bank deposits

1. The parties investigate and collect on their own (record the other party's bank and bank account number to prepare for the next investigation);

2. Entrust a lawyer to investigate and collect (entrust a lawyer to investigate or apply to the court for an investigation order or apply to the court for investigation and evidence collection);

3. Apply to the court for investigation and collection (the Civil Procedure Law stipulates: "The people's court shall investigate and collect evidence that the parties and their litigants cannot collect on their own due to objective reasons, or evidence that the people's court deems necessary for the trial of the case. "The people's courts have the right to investigate and collect evidence from the relevant Shan He Dou and individuals, and the relevant units and individuals must not refuse.

4. There is no opening bank and bank account number, and the success rate of the investigation is almost zero.

2. What are the personal assets of the husband and wife?

The so-called personal property of husband and wife refers to the property owned by each husband and wife before marriage and other property unique to each other husband and wife. According to the provisions of the Civil Code, in any of the following circumstances, it shall be the property of one of the husband and wife, unless the two parties have other agreements:

1. One party's pre-marital property;

2. Medical expenses, living allowances for the disabled, and other expenses obtained by one party due to physical injury;

3. The property that is determined in the will or gift contract to belong to only one of the husband or wife;

4. Daily necessities for one party;

5. Other property that should belong to one party.

Other property that shall belong to one party shall include property used by one of the spouses for occupation, work, amateur study, interests, hobbies, and so forth; Subsidies, welfare property, personal insurance premiums, medical expenses, disability expenses, health care expenses, etc., of a personal nature; Honorary prizes, medals, etc., obtained by one party in social contributions; The parties agreed to be personally owned property.

In the case of public housing rented by one party at the time of divorce, both parties have no property rights to the property. The right to lease shall be handled in accordance with the Answers of the Supreme People's Court on Several Questions Concerning the Use and Lease of Public Housing in the Trial of Divorce Cases.

1) In any of the following circumstances, both parties may rent a public house where husband and wife live together after divorce:

1. Public housing rented by one party before marriage, and the marital relationship has existed for more than 5 years;

2. The house rented by one party before marriage in the unit, and at the time of divorce, both parties are employees of the unit;

3. The right to lease public housing obtained by one party borrowing money to invest in building a house before marriage, and the husband and wife jointly repay the loan after marriage;

4. After marriage, one or both parties apply for the right to lease public housing;

5. The public housing rented by one party before the marriage has obtained the right to lease the house due to the demolition of the rented house after the marriage;

6. The husband and wife invest in a jointly built or jointly purchased joint house;

7. After one party returns the house it has rented to the unit or hands it over to the other party's unit, the other party's unit gives another house to another party;

8. Both parties rented public housing before marriage, and merged and exchanged houses after marriage;

9. Other circumstances that should be determined that both husband and wife can lease.

2) Where one party rents public housing that both husband and wife can rent, the tenant may give appropriate economic compensation to the other party.

3) Public housing that both husband and wife can rent, if the area is large enough to be used separately, it may be rented separately by both parties; Where another house can be rented separately or the tenant settles the housing for the other party, it may be permitted.

4) At the time of divorce, if one party has no right to rent the public housing rented by the other party before marriage and has real difficulties in resolving the housing, the people's court may mediate or make a judgment for him to temporarily reside, and the period of temporary residence shall generally not exceed two years. During the period of temporary residence, the temporary resident shall pay the user fee equal to the rent of the house and other necessary expenses.

5) At the time of divorce, if one party has no right to rent the public housing rented by the other party before marriage, and has real financial difficulties in renting another house, if the party renting the public housing can afford it, he or she shall be given one-time financial assistance.

6) When the people's court adjusts or changes the lease relationship of the unit's self-managed housing (including the house entrusted by the unit to the real estate management department), it shall generally solicit the opinions of the self-managed housing unit. If the housing lease relationship is changed through mediation or judgment, the tenant shall go through the registration procedures for housing change in accordance with the relevant regulations.

7) The people's courts may refer to the relevant answers above to properly handle houses where the husband and wife have jointly contributed capital to obtain "partial property rights". However, the party who gets the "partial property rights" of the house should generally give the other party half of the value of compensation according to the proportion of the property rights of the house obtained and the standard price of the same type of housing announced by the local ** relevant departments at the time of divorce.

8) Where both husband and wife are competing for "partial property rights" of the house, if both parties agree or the economic and housing conditions of both parties are basically the same, the dispute may be resolved by means of bidding.

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