Real estate problems after divorce? 5. Real estate problems after divorce?

If the title deed is not changed to name, one party cannot buy or sell, as for the man who wants a share; That depends on how the divorce agreement is written.

If the title deed is in the names of three people, you can't sell it without the other two signing.

The child has a share, so the divorce is that the man can only give his share to the woman. If the husband does not cooperate with the formalities of transferring the property to the woman, he can file a lawsuit on the basis of the divorce agreement. It is also possible to buy the property before the loan is paid off, but the procedures are a little more troublesome, but if the child is underage, there is a legal obstacle for the parents as guardians to dispose of the property in the child's name.

Unless you pay the loan back in one lump sum. Otherwise, it can't be sold.

Usually, after the divorce, the procedures for the separation of the common property can be done in accordance with the divorce agreement or judgment, that is, the internal division, as long as there is a small handling fee.

However, according to your description, it has been more than ten years since the divorce, and whether you can still do property division is not very clear to you, so you have to go to the housing authority to ask.

If it is possible, then the woman's personal title deed must be made in accordance with the divorce agreement before the sale can be carried out.

If it is not possible to do the dissolution directly, it may be necessary to refer to other procedures.

This is a typical delay in the statutory formalities resulting in difficulties in subsequent transactions.

If the house is the only property in your name, then you don't have to pay business tax and individual income tax on the sale, but if you have other properties in your name, you need to pay 5% business tax, as well as personal income tax on the difference in profits, which is currently 1% (20% after the new policy).

Distance, your business tax is 8,000, and the individual income tax depends on how much you earn, if you earn 50,000, 50,000 times the individual income tax rate at the time of the transaction.

If the house price is low and the appreciation is not large, you won't need so much tax.

Hope it helps.

Yes, the tax must be paid, and the tax will be less if it has already passed.

A tax of 20% should be paid, and the house awarded to the woman is no longer your property.

The issue is more complicated, and it is recommended to hire a lawyer to better protect your legitimate rights and interests.

The title deed was obtained after your marriage, and the loan was repaid after the marriage, in which case only the man's pre-marital down payment belongs to his personal property, and the rest belongs to your joint property. If you don't have a house to live in after marriage, you can ask the man to give you a one-time financial subsidy.

The legal basis is Article 17 of the Marriage Law, which stipulates that the following property acquired by husband and wife during the existence of their marriage relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the 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;

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in Divorce Cases by People's Courts》 Where the house lived in during the marriage is owned by one party, and the other party requests temporary residence on the grounds that there is no house to live in after the divorce, it may be supported on the basis of the circumstances upon verification, but generally not more than two years. If the party without a house has real financial difficulties in renting a house, the party who enjoys the property rights of the house can give one-time financial assistance.

If there is an agreement between the two parties, it shall be handled in accordance with the agreement. Where there are relevant civil judgment mediation documents from the court, follow those to be performed. If it has not been disposed of, the joint property of the husband and wife should be divided.

Article 6: Where before marriage or during the existence of a marital relationship, the parties agree to donate real estate owned by one party to the other party, and the donor revokes the gift before the registration of the change in the donated real estate, and the other party requests an order to continue performance, the people's court may handle it in accordance with the provisions of article 186 of the Contract Law.

Article 7: Where immovable property purchased by one of the parents for their children after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of their children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the husband and wife.

Where the immovable property purchased by both parents is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with the respective parents' share of the capital contribution, unless otherwise agreed by the parties.

Article 10 Where one of the husband and wife signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a bank loan, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce. If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the party whose property rights are registered, and that the loans that have not yet been repaid are the personal debts of the party whose property rights are registered. In the case of divorce, the party registered in the property right shall compensate the other party for the joint repayment of the loan and the corresponding increase in property value between the parties after marriage.

Interpretation III stipulates that if the property rights of the immovable property purchased by one of the parents after marriage are registered in the name of the investor's child, it may be regarded as a gift to one of the children, and the immovable property shall be deemed to be the personal property of one of the spouses.

In any of the following circumstances, it is the property of one of the husband and wife;

1. One party's pre-marital property, and 2) the party's medical expenses and living allowance for the disabled due to bodily injury;

(3) The property of only one of the husband or wife is identified in the will or gift contract;

Fourth, daily necessities for one party;

5. Others shall belong to one party.

No, this is the man's pre-marital property.

According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted. For the issue of child support, it is necessary to carefully confirm the situation of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, and if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and seek the child's own opinion. The joint property and debts of the husband and wife shall be jointly owned and borne by the husband and wife, and shall generally be half of the person.

Since the agreement has been written and has legal effect, it should be enforced in accordance with the agreement, and if one party obstructs the other party from exercising its powers, the other party can file a lawsuit in court.

Advice: Marriage is a big deal, and you must be cautious about getting married!

Yes, if the husband does not agree, he can ask a lawyer to appeal.