The new marriage law has been introduced, please help my friend female analyze the division of rea

1. First of all, distinguish which part is pre-marital property and which part is post-marital joint property. For the first house, the share of the down payment and the part of the husband's repayment before the marriage are the man's share of the premarital property; The part of the joint repayment of the loan after marriage is the joint property of the husband and wife; When selling a house, compared with the value-added part of the house when buying a house, it is the joint property of the husband and wife.

2. In accordance with the first item, personal property and joint property are divided, and the proportion of personal property and joint property in the down payment of the second home is distinguished according to this criterion. Regardless of whose name the loan is made and no matter whose name it is registered in, the down payment is removed for the second home, and the remaining unpaid part is the joint debt of the husband and wife, and the part that has been repaid is the joint property.

3. According to the above method, the respective shares of the husband and wife in the second house are distinguished, which is the basis for the division.

4. The principle of the Marriage Law on the division of property and the maintenance of children is "to take care of the interests of the woman and the children". Because there is no "issue of parents paying to buy a house", the house is generally not expected to be owned by the man, and then the man will compensate the woman. It is possible for the woman to take care of the woman while the child is being raised, and on the basis of determining the proportion of each person's ownership of the house, the woman will compensate the man a certain amount of money, and then the ownership of the house will go to the woman.

5. Due to the new interpretation of the Marriage Law, there are almost no cases to refer to in practice, so it is recommended to ask a lawyer to litigate in order to better protect rights and interests.

Carry the bottle and the second pot head.

According to the new judicial interpretation, the first house is the man's personal property, and although the woman participates in the repayment of the loan, it can only be counted as a marital debt. The distribution of the proceeds after the sale of the first house should be as follows:

Owned by the woman = half of the total amount repaid, the rest goes to the man. It cannot simply be considered that all of them are joint property of the husband and wife. If the money is used as a down payment for the second purchase of the house and the loan is secured by the man's provident fund, it can only be considered that the house is still owned by the man, and the woman's part of the money can only be used as a debt.

That's my opinion.

It is the personal property of the husband before marriage. However, after marriage, the part of the house that increases in value from the joint repayment of the loan shall be divided as the joint property of the husband and wife.

The current property is purchased with the man's provident fund loan, and the property purchased during the marriage relationship is generally recognized as the joint property of the husband and wife, and it is actively advocated for equal division. If the negotiation fails, immediately go to court to file a lawsuit. The child is judged according to the principle that is conducive to the child's development.

Specifically, you see the Marriage Law of the People's Republic of China.

Obviously joint property, oh, how is it written on the house certificate? If both of them have their names, you don't have to worry about anything, the loan is paid off during the marriage period, and the house is sold, and the money from the sale of the house already belongs to the husband and wife, now the main thing is the housing certificate, if there is no housing certificate, then it depends on whose name the record contract is, if the housing certificate is the man's name, it is not easy to do, and the money you help repay the loan will be given to you!

Hope to help you

The house is a joint property and is to be divided equally.

Note that the husband's CPF is also joint property.

This is certainly not good for most women.

According to Article 19 of the Marriage Law, husband and wife may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the rules and regulations of articles 17 and 18 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.

When you apply for the real estate certificate, write your wife's name on the real estate certificate, which means that you agree that your personal property before marriage will be converted into your husband and wife's joint property, and in the event of divorce, it will be divided according to the joint property of the husband and wife. If your wife's name is not written on the title deed, it is your personal property.

According to Article 10 of 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, 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 the two parties in consultation 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.

Lawyer Zhang Yi.

The part of the personal payment before the marriage is still your personal property, and the part of the joint repayment after the marriage is the joint property.

No, whoever writes is who's who's who's it.

If you write the names of two people, it will be more troublesome. Unless you get divorced then, you can prove that you paid for the houses.

We have a variety of cases for reference. Beijing Longan Law Firm, Liu Huicong, Lao Liu, and Qingshengshi's family team provide you with high-quality legal services. 65--32--55--88

You have to figure out the property rights and creditor's rights, 1,100w 50w is completely confused, you just remember that your name was on when you registered the house, and if there is no special agreement between your husband and wife, the property right is half of one person. If there is a dispute, he can provide him with proof of payment, and he can claim his part of the right, which is then a creditor's right. To put it simply, there is no special agreement in the case of one person and half property rights.

The new marriage law counts the property of the South.

The provisions on the division of real estate can refer to the provisions of the Judicial Interpretation II of the Marriage Law, as follows:

1. Article 19 stipulates that a house rented by one party before marriage and purchased with common property after marriage shall be recognized as the joint property of the husband and wife if the house ownership certificate is registered in the name of one party.

2. Article 20 stipulates that if the parties cannot 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 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.

3. Article 21 stipulates that if there is a dispute between the parties at the time of divorce over a house that has not yet obtained ownership or has not yet obtained full ownership and cannot be reached through negotiation, the people's court should not make a judgment on the ownership of the house, but shall make a judgment to be used by the parties according to the actual situation.

Where there is a dispute between the parties after they have obtained full ownership of the houses provided for in the preceding paragraph, they may separately file a lawsuit with the people's court.

4. Article 22 stipulates that if the parents contribute to the purchase of a house for both parties before the parties get married, the contribution shall be deemed to be a personal gift to their children, unless the parents expressly express the gift to both parties.

After the parties get married, where the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a gift to both husband and wife, except where the parents expressly express that the gift is made to one of the parties.