What to do if you get divorced about a house? 10

This property is the joint property of your husband and wife.

If you want to get back the ownership of the house, you must first negotiate with the other party, and of course you must give the other party a certain amount of compensation. Now the house is still under mortgage, the compensation to the other party is generally half of the remaining amount of the current market of the house ** minus the part you have already repaid.

Repayment of the loan after marriage is the repayment of the loan with the joint property of the husband and wife.

If the negotiation fails, and both parties claim ownership of the house, then the only way to resolve it is to sue for it. However, because you have not obtained the property ownership certificate, the court will generally dissolve the marriage relationship first, and you can sue separately after the property ownership certificate is issued.

And is the title deed written in the names of both of you?

According to the law, the property of the husband and wife should belong to the husband and wife, and if the payment is made according to the proportion you say, you can also apply for it on a pro rata basis if you can produce evidence. There are only two ways to do this, one is negotiated between the two parties, and the other is through the law, but there must be enough evidence to prove that you have taken everything or that you have repaid the loan.

Was the house bought before the marriage license? Who is the name of the title deed? In front of the law, you can't see how much money you have, as long as it is two people after marriage, you will have a share.

In the event of a divorce, the division of the house can be divided by both parties through negotiation first, and if the negotiation fails, you can file a lawsuit with the court. If the house is personal property, it does not need to be divided. Property owned by one of the spouses shall not be converted into joint property of the husband and wife as a result of the continuation of the marital relationship.

The people's court shall handle the house that is joint property according to the following circumstances:

1. If both parties claim the ownership of the property and agree to obtain it by bidding, the party with the highest bid can obtain the ownership of the property through the bidding method, and at the same time give the other party corresponding compensation according to the price of the bidding;

2. If only one party claims the ownership of the property, then the party claiming the ownership of the property shall obtain the ownership of the property, and at the same time the value of the property shall be determined by the two parties through negotiation, if it cannot be determined through negotiation, the appraisal agency shall evaluate the property according to the market, and the party who obtains the ownership of the property shall give the other party corresponding compensation;

3. If neither party owns the ownership of the property, the property will be auctioned according to the application of both parties and the proceeds will be divided.

Legal basis

Civil Code of the People's Republic of China

Article 1087.

In the event of a 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 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.

1. If one of the husband and wife has paid part of the house payment before marriage and repaid the loan jointly after marriage, or one party has used personal property to repay the loan, and the divorce has not yet obtained the house ownership certificate, the parties can negotiate to handle it. If the negotiation fails, it is not appropriate for the people's court to make a judgment on the ownership of the house when dividing the property, and shall make a judgment to be used by the parties based on the actual situation. 2. A spine of socks goes through mortgage procedures or burial before marriage, and obtains a property right certificate, which belongs to the property of one party.

3. If the property right certificate is registered in the name of one party, but the spouse has evidence to prove that when the house was purchased before marriage, the spouse also repaid the loan jointly, when the property is divided in divorce, the house is still the personal property of the property right certificate registrant, and the remaining unpaid debts are his personal debts, but the part of the down payment and the loan that has been repaid that belongs to the capital contribution and repayment of one of the spouses shall be returned. Article 1087 of the Civil Code stipulates that 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.

If the house was bought by one of the parties before the marriage, and only one of them has his name on the real estate deed, then the house will be owned by him after the divorce; If the purchase is made by both parties with joint funds, and the real estate deed is in the common name of the two people, then one of them should convert the part due to the other party into cash at the market price.

In the event of a divorce, the house is divided jointly if it is joint property, and if it is one of the spouses, the property belongs to the individual. Legal basis: Article 39 of the Marriage Law provides that the divorce of the joint property of the husband and wife shall be disposed of by mutual agreement; 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.

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.