Divorce real estate issues I hope you can give a legal basis for this .

Obviously, according to the information you provide, the house should be the pre-marital property of the wife, and the pre-marital property of one of the spouses will not become joint property because of the passage of a certain number of years.

At the same time, China's Interpretation (II) of the Marriage Law also stipulates that if the parents contribute to the purchase of a house for both parties before they get married, the contribution shall be recognized as a personal gift to their children, unless the parents expressly express the gift to both parties. In other words, even if your parents bought it for both of you before you got married, if your parents don't explicitly indicate that it was given to both of you, it is still your personal property.

To sum up, even if the two of you divorce, this house is no longer within the scope of your agreement or litigation divorce division of property.

Also, it has little to do with territoriality.

If the property is not fair before marriage, it is necessary to show evidence of payment and monthly payment, so that it can basically be determined that it is premarital property.

It has nothing to do with the region. If there is proof of the property title deed and mortgage payment, the house is the woman's personal property, and if the man bears the mortgage, the woman is required to pay compensation to the man according to the duration of the marriage.

According to Article 19 of the Interpretation (1) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, the property owned by one of the husband and wife as provided for in Article 18 of the Marriage Law shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship, unless otherwise agreed by the parties.

The house is nominally considered the joint property of the husband and wife, but since last year, the state has issued regulations on the frequent occurrence of these large housing dispute cases; The ownership of the house is divided according to the name on the title deed. It means that in the future, regardless of whether the husband and wife buy the house together after marriage, everything will be according to the title deed.

If the property has not been notarized and confirmed as pre-marital property, it is necessary to provide evidence of the payment of the house payment, and if the mortgage loan has a part of the daughter's provident fund repayment, the provident fund repayment during the marriage shall be treated as the joint property of the husband and wife, and the parents shall also provide evidence to prove that the mortgage payment is paid on behalf of the parents.

Some register the property rights of the house in the name of one of the husband and wife, or in the name of a third party such as the children and parents. When a husband and wife divorce, the identification of this type of house or stove house shall be treated differently.

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

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1087: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 shall, on the basis of the specific circumstances of the property, make a judgment in accordance with the principle of taking care 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.

1. The name of the real estate certificate is not in a hurry to change, you can keep the voucher and write your name in the later repayment process.

You have your divorce agreement in hand, and the divorce has been registered, and the later repayment of the loan is a personal investment, and if your ex-wife regrets it in the future, she will not have the right to divide the property in the lawsuit.

2. If the property in the mortgage state is to be changed and registered, it must be approved by the bank, and it is estimated that the loan repayment contract will have to be re-signed, because one of the obligors in the original loan repayment contract has withdrawn, resulting in the change of the contract. Banks are unlikely to agree to the risk of loan repayment.

3. If the bank agrees, you and your ex-wife can bring all the relevant materials to change the registration, and you still have to ask the housing management office for specific matters.

The two of you go to the real estate bureau together, take the divorce agreement and divorce certificate to the real estate bureau, and go through the formalities. Just change the name on the property registration certificate. It would be better if you could get the real estate certificate from the bank, and then mortgage the renamed real estate certificate to the bank.

Don't think about it, I think it's a miracle that you can take the house. The introduction of the new marriage law also means that if the pre-marital property is owned by one of the husband and wife, the property still belongs to the owner after the divorce, and you are obviously the joint property of the husband and wife to repay the loan, why didn't your ex-wife share the house with you?

Negotiate with the bank to obtain the bank's consent first, and then both parties go to the transfer together.

If the negotiation fails, I can only sue for divorce.

Marriage Law of the People's Republic of China.

Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; 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.

Was this house bought before marriage or after marriage?

If it is bought after marriage, the house is joint property regardless of whose name it is.

If it is bought before marriage, it depends on how much both parties have paid for the house, and the property will be divided proportionally.

If the man does not agree to divide the property, he can keep the house and give half of the price of the house to the woman. If the husband is resolutely unwilling to pay, he can sue and apply for enforcement.

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

The man's parents said to pay you the rest of the money, but they didn't pay it right, so you thought it was really your husband's name added. You can borrow some money to pay off the mortgage loan from the bank, and after you get the title deed, you can prepare to sue.

1. You can write a complaint with the divorce agreement of the Civil Affairs Bureau to the court to confirm the ownership of the house, and the court judgment supports your claim, as long as the other party does not appeal, after the judgment takes effect, the other party does not perform its obligations in accordance with the effective judgment, you can apply to the court for enforcement, and the court will help you, and the next enforcement notice will force the person subject to enforcement to assist you to go to the housing management department to go through the change procedures.

2. It is recommended that you do not wait for 8 years to repay the loan, but still borrow money from relatives and friends to pay off the loan. So as not to have long nights and many dreams. Don't assume, don't think about anything, do things first, and change the name of the head of the house to your own name is the main thing.

That way you won't have anything to do with him in the future.

, wrote a divorce agreement at the Civil Affairs Bureau, and the property belonged to the woman and applied to the court for enforcement.

You can try to ask him to go, and if he doesn't go, you can go to the real estate department to apply for a change with the divorce agreement and divorce certificate filed with the Civil Affairs Bureau. You're already divorced, and it's just a matter of changing your name, and if you go to court, the court won't accept it.

Secondly, if you are divorced, according to the provisions of the Inheritance Law, even if you have anything to do with you, he has nothing to do with you, and is not the first-order heir, the first-order heirs should be: your parents and children. For details, you can check the "Inheritance Law", don't worry!

Advice: Marriage is a major event, and you should be cautious about getting married.

It is recommended that you understand the two aspects of "Premarital Property Notarization" and "Postmarital Property Agreement". Hope it helps.

The nature of your divorce agreement is equivalent to a contract other than the dissolution of the marriage. Go to the court to sue for fulfillment of the obligations in the divorce agreement, and then apply for enforcement after the judgment or mediation is settled. At that time, the court will directly remove your ex-husband's name from the house book in the form of a ruling.

Who is the woman's father-in-law?

Is it the man's father? Or the woman's grandfather?

This situation is characterized in two ways:

1.In principle, ownership is determined according to the name on the title deed. Since the woman's father-in-law has died, his legal heirs (spouse, all children, parents) are divided equally.

2.If there is sufficient evidence to prove that the house is paid in full by the woman (there is no joint loan after marriage): including the purchase contract, bank transfer records, etc.; It can be owned by the woman herself.

Unless a complete chain of evidence can be produced, it is impossible for the woman to obtain the property.

Including: a purchase contract signed by the woman, and a bank statement of the funds transferred from the woman's name. Even so, there must be evidence to prove that this is not an unconditional gift (it is better for the man to cooperate with the documentary evidence, but it is obviously unlikely, and the validity of the recording evidence depends on the determination of the specific court).

In general, it is very difficult to find such evidence ...

Unless you can produce the receipt of your payment, it will be difficult to get it back, after all, it is your husband's father's name...

Or you can take a recorder and discuss this with him, and then record the seat evidence as supporting evidence...