2011 New Marriage Law Real Estate, 2011 New Marriage Law Interpretation on the Distribution of Prope

The second floor is right, you are buying a house after marriage, and the issue of buying a house after marriage is not adjusted by the new marriage law, it was and is now handled according to the joint property of the husband and wife, no matter whose name is written.

Therefore, you need to negotiate who the house is for, and then the other party will get part of the payment, and you can negotiate the amount yourself. Only if the negotiation fails, the court will decide the division ratio according to the specific circumstances, such as the reason for the divorce, whose fault you are, and the size of the fault.

According to the current marriage law, if the real estate deed is in the name of both of you, then the property will have half of yours; If the title deed is in the name of either party, then the house may be decided according to the name on the title deed in the future divorce.

Misunderstanding! It is clear as follows.

If the names of the two people are written on the real estate certificate, it only means that it is the joint property of the husband and wife, in most cases, the judge will divide it in half, but it is not absolute, and the judge can open it in three or seven or two or eight times. If the name of a single party is a single party, it only means that it can be used as evidence to prove that it is the property of one party, and if the other party has more evidence to prove that it was funded by itself, the other party only signs it, and can ask the judge to find out and make a judgment to himself.

The newly promulgated Interpretation (3) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China does not have any changes to the determination of such property, so the determination is still in accordance with the previous one, that is, the use of joint property to buy a house after marriage, as long as the name of one of the husband and wife is on the real estate certificate, it is regarded as the joint property of the husband and wife. As for the division of divorce property, the two of you negotiate first, and if the negotiation fails, the court will make a judgment according to the actual situation.

Addendum: The child has no share, but the other party has to compensate for who raises it after the divorce.

A property purchased with the joint property of the husband and wife after the marriage is the joint property of the husband and wife, regardless of the name on the house deed. The joint property is divided equally between the husband and wife.

If one party wants to get the house, then it is necessary to compensate the other party accordingly, and I personally believe that the scope of compensation includes the appreciation value of the property. After one party acquires the property, the remaining part of the loan is treated as a personal debt and is repaid by the party who acquired the property.

The situation you mentioned is not within the scope of adjustment of the Judicial Interpretation (3) of the Marriage Law.

Article 11 of the 2011 Interpretation of the New Marriage Law provides for the ownership of real estate at the time of divorce, and there are also supplementary provisions that the real estate owner shall make reasonable compensation to the other party by taking into account factors such as the market of the real estate at the time of divorce and the proportion of the total amount of the joint loan repayment by taking into account factors such as the market of the real estate at the time of divorce and the proportion of the total amount of the loan repaid jointly by the husband and wife. It is not a violation of the Marriage Law to recognize the fruits or value-added income of personal property after marriage as belonging to individuals, although the fruits or value-added income arise after marriage, but the property rights belong to the individual, and if the spouse does not contribute to the fruits or value-added income, it is naturally difficult to identify it as joint property. Since the social custom is that the man and his family usually bear the marriage house or down payment, this is also a heavy burden and pressure on the man, and it is logical that the man's financial contribution should be duly recognized in the event of divorce.

I think that such a rule may promote a change in traditional customs, that is, not to take the pressure of buying a house for granted. With the improvement of women's human capital and professional level, the number of people who are completely dependent on men is decreasing, the sense of economic independence and personality independence is increasing, and both parties share the down payment, or even women bear more, or take multiple ways to solve the increase in marriage houses, such as renting a house or living in their parents' house first, and buying a house when they have the ability after marriage. According to our latest survey of 1,200 men and women aged 18-64 in Shanghai, only 45% and 33% of urban and rural respondents agree that "parents should prepare a marriage house for their son to pay a down payment for a house", and 41% and 24% of them buy a house for their daughter, respectively. In real life, it is not uncommon for both parties and their parents to jointly contribute to the purchase of a house and the title certificate is registered in the names of both parties.

The balance between men and women in the investment of matrimonial housing may open up a channel for us to eliminate the bend of the family, property, status, and gender. For more information about divorce litigation, you can consult a professional marriage lawyer to answer your questions for free. Article 10 of the Judicial Interpretation III of the Marriage Law provides that if one of the spouses 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 who paid 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, the people's court may make a judgment that the immovable property belongs to the party with property rights registration, and the loan that has not yet been repaid shall be the personal debts of the party with property rights registration. The amount of land yuan and the corresponding property appreciation part paid by the parties after marriage shall be compensated by one party to the other party in the event of divorce.

The part of the down payment before the marriage is owned by the individual, and the part of the loan repayment after the marriage belongs to both parties, and if it is passed by appraisal or auction at the time of divorce, it is distributed proportionally (in principle).

Originally, there was a judicial interpretation that after 8 years of marriage, individual property becomes joint property. The new interpretation states that, regardless of the length of time, pre-marital property belongs to the individual and post-marital income is joint property.

It depends on the divorce in a few years. If it is within 5 years, it will still belong to the man. The husband is required to make up the funds for the instalments paid by the woman during this period. If it is after 5 years, it will be treated as joint property.

Hope it helps.

The property in the name of the parents is sure of the parents, and your divorce has nothing to do with the property of the parents.

Two years of separation can be considered a breakdown of sentiment, and the court can grant a divorce.

Article 32 of the Marriage Law: Where a man or a woman requests a divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with 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 should be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation of a person with a spouse;

2) Committing domestic violence or abusing or abandoning family members;

3) Those who have bad habits such as gambling and drug abuse that they do not change;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

There is no new Marriage Law, but the Supreme People's Court has made a judicial interpretation of the Marriage Law (3).

Before marriage, there was a house divided into units, and the house payment was paid off in a lump sum, but it took 5 years to live before I got the property right certificate, and I just got married in the year when I got married. I can't open it. Now my wife is going to divorce me and divide the property, I want to know if this is still my personal premarital property?

And the thing that is most relevant to us is that even if you buy a house after marriage, if the man's parents pay for it, if the woman is divorced, the woman doesn't own the property.

The content of the Marriage Law of the People's Republic of China is mainly concerned with the adjustment of marital relations, and at the same time involves various important issues in family relations. The Marriage Law of the People's Republic of China, promulgated and implemented on May 1, 1950, was the first law promulgated by the People's Republic of China.

The full text of the latest Marriage Law in 2016 includes six chapters and 51 articles, including General Provisions, Marriage, Family Relations, Divorce, Relief Measures and Legal Liability, and Supplementary Provisions.

My wife has been away from home for nearly half a year, and when she left, she took our common family with her, asked for a divorce from her, and asked her daughter to follow her, can I have custody of my daughter?

In cases involving matrimonial property, it is recommended to consult a lawyer as it involves not only understanding the legal provisions, but also the analysis and collection of evidence.

For reference, please refer to the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China

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.

Article 11: Where one party buys a house jointly owned by the husband and wife without the consent of the other party, and the third party purchases it in good faith, pays a reasonable consideration and goes through the property rights registration formalities, and the other party claims to recover the house, the people's court will not support it.

Where one of the husband and wife disposes of the jointly owned house without authorization, causing losses to the other party, and the other party requests compensation for the losses at the time of divorce, the people's court shall support it.

Article 12: Where, during the existence of a marital relationship, both parties use the joint property of the husband and wife to purchase a house in the name of one of the parents, and the property rights are registered in the name of one of the parents, and at the time of divorce the other party claims that the house be divided according to the joint property of the husband and wife, the people's court will not support it. The capital contribution made at the time of purchase of the house can be treated as a creditor's right.

There is no new Marriage Law in 2016, the latest Marriage Law was passed in 1980 and amended in 2001, and the latest judicial interpretation of the Marriage Law is Judicial Interpretation III in 2011. The new marriage law uploaded on the Internet some time ago is just a rumor, and it does not actually exist.