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Right-of-use housing does not matter how it is allocated. If you don't have a place to go for a while, ask your mother-in-law's permission to see if you can continue to live here; If you want to leave, you can ask your husband's family to compensate you for a sum of money to rent a house, and the specific amount depends on the result of negotiation.
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The real estate certificate is the mother-in-law's, which is troublesome, it is the mother-in-law's real estate and cannot be divided.
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Here's how:
1. Who is the down payment, whose name is on the title deed, and the joint payment after the marriage does not determine the ownership of the house. If the house was purchased before the marriage, it is personal property before the marriage and is not distributed in the event of divorce. If the house is purchased after marriage, then the house is joint property and will be divided.
Whether the property is purchased before marriage generally depends on the date of issuance of the real estate certificate and the date of the marriage certificate. It doesn't matter who makes the down payment or who takes the mortgage.
2. If the house is pre-nuptial property, if it is to be converted into joint property, it is sufficient to make the relevant agreement, whether it is a pre-nuptial or post-nuptial agreement.
3. If the house was purchased before the marriage and mortgaged after the marriage, then at the time of divorce, the woman can receive half of the total amount of the mortgage after the marriage as compensation, regardless of whether the mortgage has been paid at the time of divorce.
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The real estate certificate belongs to your mother-in-law, and it must be your mother-in-law's, even if you have paid for it, you can't get it.
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Legal analysis: If the house is purchased with the joint property of the husband and wife after marriage, even if it is only registered in the name of one party, in principle, it belongs to the joint property of the husband and wife and is jointly owned by both parties. If it is purchased with personal pre-marital property after marriage and is only registered in one's own name, it is personal property and does not belong to the joint property of the husband and wife, and the other party is not allowed to participate in the distribution.
Legal basis: Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife:
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 be attributed to the party that is ready to be reckless.
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The distribution of the house after the divorce is based on the specific situation. If it is purchased jointly by both parties, it belongs to the joint property of both parties and is generally divided equally in the event of divorce. If one party buys the property in full before the marriage, it belongs to the pre-marital property of one party and is owned by the individual at the time of divorce, and the other party has no right to claim a division.
The law stipulates that the two parties may negotiate the matter, and if the negotiation fails, they may file a lawsuit in the court. The court will make a judgment based on the circumstances of both parties and in accordance with the principle of taking care of the rights and interests of the child, the woman and the innocent party.
[Legal basis].
Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement fails, 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 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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The division of real estate after divorce should be judged according to the actual situation: (1) The house purchased by one party before the marriage and all the house payments are paid in full shall be the pre-marital property of one party. The pre-marital property of one party is the property of one of the spouses.
The property owned by one of the spouses shall not be converted into the joint property of the husband and wife by virtue of the unbridled continuation of the marital relationship. Since the husband and wife hail one of the spouses to pay the full price of the house before the marriage and obtain the title deed, the house is undoubtedly a pre-marital property. (2) A house purchased by one party with personal property after marriage is the property of one party.
3) The property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife who make a one-time contribution after marriage and divorce after obtaining the house ownership certificate. As long as the husband and wife have not expressly agreed in advance that the property rights belong to one of the parties, regardless of which party is the purchaser or owner of the house on the purchase contract or house ownership certificate, regardless of whether the co-owner is stated in the house purchase contract or house ownership certificate, and regardless of the share of capital contribution of the husband and wife in the two houses, the property belongs to the husband and wife in joint ownership. (4) Where a house is rented by one party before marriage and purchased with common property after marriage, and the house ownership certificate is registered in the name of one party, it shall be recognized as the joint property of the husband and wife.
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Legal analysis: If the house is purchased with the joint property of the husband and wife during the marriage, no matter whose name it is registered in, it is the joint property of the husband and wife, and in principle, it should be divided equally. If it is purchased by one party before marriage and registered in the name of that party, it belongs to the personal property of that party and the other party is not allowed to participate in the distribution.
If it is purchased by one party before marriage and registered in the names of both parties, it belongs to the joint property of the husband and wife and is generally divided equally. Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a 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 should contain the parties' intention to divorce and their consensus on matters such as child support, property and debt disposal. Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted. Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary. 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 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 the husband or wife in the contracting and operation of family land shall be protected in accordance with law.
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On the issue of the distribution of the house in the divorce. Look at the house first to answer the source, if it is a house that the parents bought in full. The property will always belong to the parents, and you have no right to divide it, and if it is the two of you who buy the ruined property yourself, then 1 2 per person.
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It can be allocated by mutual agreement.
If there is no negotiation between the brothers, the demolition of the joint property of the husband and wife shall be divided equally.
Those who belong to premarital wealth or property do not participate in the distribution.
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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;
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Hello, please refer to the Judicial Interpretation (II) of China's Marriage Law
Article 20: When the two parties are unable to 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 separately 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 permitted;
2) 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;
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.
If the house is bought after marriage, it is joint property and should be divided equally.
The specific process is that you negotiate first, and if the negotiation fails, the court will make a judgment, and the standards for the court's judgment will be as above, and the regulations have been listed, which is simple and easy to understand.
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If it was purchased by one of the parties before marriage, the nature of the pre-marital property does not change by the length of the marriage. Pre-marital property is still owned by the owner of the property in the event of a divorce.
If it is purchased after marriage, it shall be regarded as the joint property of the husband and wife and shall be divided equally in the divorce, unless one party is at fault, and the share is less or nothing. Fault refers to the commission of domestic violence, cohabitation with a third party outside of marriage, etc.
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If the house is bought after marriage, then it is divided equally between the two parties. There are provisions in the Marriage Act.
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Whether the house is pre-marital property or post-marital property, if the pre-marital property is vested in the party who leaves the house, and if the post-marital property is divided equally.
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If the property is purchased during the marriage, if there is no other agreement, it will be treated as joint property.
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Article 18 of the Marriage Law of the People's Republic of China.
In any of the following circumstances, it is the property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;
3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
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Or get a fake real estate deed to fool your daughter-in-law.
Unless your father has left you a will, once your daughter-in-law's name is written. He has a share of the house.
OK. In the event of a divorce, the parties may agree in the divorce agreement to transfer the property to the minor children, and the law does not prohibit this behavior. If the child is an adult, the property can be transferred directly to the child.
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