Is there a right of residence after divorce of joint family property?

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.

According to the Supreme People's Court's "Several Specific Opinions on the Handling of Property Division Issues in the Trial of Divorce Cases by the People's Courts", it is provided:

People's courts hearing divorce cases shall follow the "Marriage Law of the People's Republic of China", the "Law of the People's Republic of China on the Protection of Women's Rights and Interests", and other relevant laws and regulations, to distinguish between personal property, joint property of husband and wife, and joint family property, adhere to the principles of equality between men and women, protect the lawful rights and interests of women and children, take care of the innocent party, respect the wishes of the parties, and facilitate production and life, and resolve them in a reasonable and reasonable manner. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:

14. 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 after 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.

Generally, it will be divided, and if the house is owned by you, you will have the right to live.

If it's a house, you can live in it if you don't give you half of the money worth the house.

Whether or not the right of residence is granted after the divorce depends on whether there is an agreement on the right of residence between the parties and whether the right of residence has been registered.

Legal basis: Article 366 of the Civil Code of the People's Republic of China The person with the right of residence has the right to occupy and use the usufructuary right of his residence in accordance with the contract, so as to meet the needs of living and living.

Article 367 of the Civil Code of the People's Republic of China: To establish the right of residence, the parties shall conclude a contract for the right of residence in writing. Residency contracts generally include the following clauses:

1) The names and addresses of the parties;

b) the location of the dwelling;

3) The conditions and requirements for the demolition of the living baggage;

4) the duration of the right of residence;

5) Methods of Dispute Resolution.

Article 368 of the Civil Code of the People's Republic of China: The right of residence is established free of charge, unless otherwise agreed by the parties. Where the right of residence is established, an application for registration of the right of residence shall be made to the registration authority. The right of residence is established at the time of registration.

Article 369 of the Civil Code of the People's Republic of China: The right of residence shall not be transferred or inherited. The dwelling for which the right of residence is established shall not be rented out, unless otherwise agreed by the parties.

Legal Answer: Whether you have the right of residence after divorce depends on whether there is an agreement on the right of residence between the parties and whether the right of residence has been registered.

Legal basis: According to Article 368 of the Civil Code of the People's Republic of China, the right of residence is established free of charge, unless otherwise agreed by the parties. Where the right of residence is established, an application for registration of the right of residence shall be made to the registration authority. The right of residence is established at the time of registration.

Legal analysis: Whether you have the right of residence after divorce should see whether there is an agreement on the right of residence between the parties to the rotation, and whether the right of residence has been registered.

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

Article 368:The right of residence is established free of charge, unless otherwise agreed by the parties. Where the right of residence is established, an application for registration of the right of residence shall be made to the registration authority Abi. The right of residence is established at the time of registration.

Summary. Relatives and relatives living together after divorce property is generally considered joint after divorce The property that the two parties still live together after the divorce should be regarded as joint property, for those who still live together after the divorce, the man and woman will form a cohabitation relationship, during this period, if there is a property dispute, according to the law, the property enjoyed or created jointly by the man and woman during the period of living together should be divided according to the common property, and in the absence of an agreement between the man and the woman, it is necessary to divide it in a tie. During the period of cohabitation, both parties shall enjoy the ownership of the income jointly obtained by both parties and the real estate purchased, regardless of the amount of capital contributed by both parties, and shall be divided equally when the parties terminate the cohabitation relationship

Relatives and relatives living together after divorce property is generally considered joint after divorce The property that the two parties still live together after the divorce should be regarded as joint property, for those who still live together after the divorce, the man and woman will form a cohabitation relationship, during this period, if there is a property dispute, according to the law, the property enjoyed or created jointly by the man and woman during the period of living together should be divided according to the common property, and in the absence of an agreement between the man and the woman, it is necessary to divide it in a tie. During the period of cohabitation, both parties shall enjoy the ownership of the income and the property purchased jointly by both parties, regardless of the amount of capital contributed by both parties, and shall be equally divided when the parties terminate the relationship of cohabitation

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 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 management of family land shall be protected in accordance with law, and the husband and wife may make it clear that the property acquired during the failure of the marital relationship and the property before the marriage shall be owned separately or jointly or partly separately or partly jointly. The agreement should be in writing

Legal analysis: divorce and living together then it belongs to the relationship of cohabitation, the distribution of property is generally the property of the individual for each owned, and for the common property, then it is necessary to divide equally, that is, jointly owned, during the period of cohabitation, the income and the purchase of real estate jointly obtained by both parties, regardless of the amount of capital contributed by both parties, both parties enjoy ownership of the land equally, regardless of the share, and the two parties should divide equally in principle when terminating the cohabitation relationship.

Legal basis: Civil Code of the People's Republic of China Article 1087 In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; 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 husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Divorce and living together then it is a cohabitation relationship, the distribution of property is generally the property of the individual for each of them, and for the common property, then it is necessary to divide equally, that is, jointly owned, during the cohabitation period of the two parties jointly obtained income and the purchase of real estate, regardless of the amount of capital contributed by both parties, both parties enjoy ownership equally and without shares, and the two parties should be divided equally in principle when the cohabitation relationship is terminated.

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 agreement between the parties; 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 management of family land shall be protected in accordance with the law.