The issue of division of property house in divorce?? Kneel and beg! Ask a legal expert for answers

In the case of divorce, the division of property can only be divided into the joint property of the husband and wife after marriage, and the object of the division is based on the fact that the property is the income of the joint labor of the husband and wife. Since you obviously did not put in the labor to acquire this property, you cannot ask for a partition. And this property right is still his father's, so it can't be divided.

At the extreme, even if the property is now your husband's, the house should not be divided with you because it is the labor of your husband's parents.

The title of the house is based on the registration. The house is in the name of his parents, and in principle, it is the house of his parents, and you cannot divide it when you divorce. However, the situation in rural areas is more special, if you have been living with your parents since marriage and the family property has not been separated, you should first divide the family property when you divorce, and then divide the joint property of the husband and wife from the family property.

The custody of the child belongs to one party, and the parent who does not directly pay the child support.

There is no right to claim division, because the house belongs to the elderly and is not part of the joint property of the husband and wife.

I think there can be a part!!

Since the marriage, he has been living in his parents' house (the property right belongs to his father), and because it is a rural area, he has only nominally divided the family, but has not done the transfer of property rights. There are many such cases in the countryside!

I'm concerned about this issue!!

What are you kidding, even if it is under your name, you may not be able to get it, you will say that others will not say it, is that the house that you and your husband earned money to build, and what about giving it to you, you will never get it if it is not yours.

It's not funny, at least the marriage years are not enough.

<> "Divorce Property Division: Real Estate.

If one party buys a house before marriage, it is registered in the name of the person who has a good name. After marriage, the loan was repaid jointly, and then the divorce was sued.

Court, how to divide? Be careful.

1.The court prefers to award the house to the prenuptial buyer.

2.The other party will compensate him.

3.After the divorce, the remaining loan obtained by the party who obtained the house continues to pay.

Compensation formula. Amount to be compensated = (Repayment amount Total purchase price) x Present value of the property x 50%.

Example: Basic facts of the case.

Buying a house before marriage:

If the down payment is $360,000 and the mortgage loan is $840,000 with a loan term of 20 years (240 months), the total interest is $. The total amount of repayment. If the repayment method is adopted, the average monthly repayment is RMB.

After 3 years (36 months) of joint repayment of the loan after marriage, the parties filed for divorce, and the house was appraised at the time of divorce and was worth 4 million yuan.

The other party who repays the loan together can get the reimbursement, and the buyer pays a total of yuan for the purchase of the house (the contract price of the house + all interest). The proportion of the down payment in the house price, the husband and wife jointly repay the loan, accounting for 12% of the house price. If other factors are not considered, it can be ruled that the house is owned by the party who purchased the house before the marriage, and the party who is in need of compensation of 240,000 yuan (4 million yuan, 12% 50%).

The remainder of the loan is still repaid by the buyer.

Article 78 of the Supreme People's Court's Judicial Interpretation of the Civil Code on Marriage and Family (I).

If one of the husband and wife signs a contract for the sale and purchase of real estate before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the party who paid the down payment, the real estate 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 shall belong to the party registered, and the loan that has not yet been repaid shall be the personal debt of the party registered with the immovable property. In the event of divorce, the parties shall compensate the other party for the joint repayment of the loan and the corresponding increase in the value of the property, in accordance with the principles stipulated in the first paragraph of Article 1087 of the Civil Code of the People's Republic of China.

Lawyer Tips. This article does not exclude special circumstances: if the child is two years old at the time of divorce and needs to live with the woman, and the woman has another house to live in but is in financial difficulty, the first consideration shall be given to the value of the property corresponding to the part of the husband and wife who jointly repay the loan in the division of the said house, and the woman shall be given an additional share in accordance with the principle of taking care of the interests of the children, the woman and the innocent party.

Tip two. If the party who does not pay the down payment at the time of divorce has no place to live, and the other party has the ability to afford it, the people's court may also order one party to provide assistance in accordance with articles 366 and 1090 of the Civil Code, establish a right of residence on the house, and protect the right of survival of the party without a place to live.

1. If your family's current houses are built on rural collective land, these houses are not commercial houses, and the property rights of the houses will not be dealt with in the divorce proceedings.

2. If the house obtained by your family after the relocation belongs to an ordinary commercial house, it belongs to the joint property of the husband and wife acquired by your parents after marriage, and your mother has the right to request a division, which is usually divided equally in judicial practice. Of course, these eviction houses obtained by your family must be registered in the name of your parents before they can be divided in the divorce proceedings in accordance with the above principles, and if there are other people in the property registration, they cannot be dealt with in the divorce proceedings, and a separate property separation lawsuit needs to be filed.

Shanghai divorce real estate lawyer Ma Naidong.

If you can part, you can still part, I look at my space, if your parents can also see it, you can't leave.

Half of the joint property of the husband and wife.

According to Article 39 of the Marriage Law, "in the event of divorce, 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. "If the house is your parents' house and your sister is divorced, the house is not their joint property and cannot be divided.

According to the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts"1, children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father: (1) suffering from an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with her; (2) The father requires the child to live with him/her; (3) The child is unable to live with the mother due to other reasons.

The child is generally awarded to the woman for maintenance, and the man pays the child support, according to the above-mentioned regulations"7, the amount of child support may be determined according to the actual needs of the child, the affordability of both parents and the actual living standard of the locality. For those with a regular income, child support payments can generally be paid at the rate of 20 to 30 per cent of their total monthly income. Where two or more children are responsible for raising expenses, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.

If there is no fixed income, the amount of child support may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions".

Lawyer Zhang Yi.

The property belongs to your parents, and they have no right to divide it in a divorce. The child is estimated to be raised by your family. The other party pays child support.

Legal basis: Marriage Act.

Article 32: Where a man and a woman request 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.

1. If the house was built before your sister got married, then the house has nothing to do with your brother-in-law, and he has no right to share.

2. The joint property of the husband and wife, that is, the property acquired after marriage, shall be divided equally in principle.

3. The custody of the child, including the division of property in the event of divorce, can be negotiated, and if the negotiation fails, you can go to the court to sue, and the court will make a judgment according to the situation.

4. The gift money does not need to be returned, because they are already married and living together.

Hello The house is your sister's pre-marital property, and your brother-in-law has no right to share the income after marriage, which belongs to the joint property of the husband and wife, and should be divided equally.

Regarding the child's upbringing, it can be negotiated, and if the negotiation fails, the court will make a judgment based on the favorable environment for the child's growth.

Key money is not refundable.

It is recommended to divorce by agreement and sue if the agreement is not reached.

It's best to hit ** and tell us the details.

Property is divided equally after divorce. Your brother-in-law can't divide your house. Their children should be raised by your sister, and your brother-in-law should pay for child support.

1.Your brother-in-law does not have the right to share in the property that belongs to your family.

2.The ownership of custody of the child may be resolved through negotiation, and if one party obtains custody, the other party shall pay reasonable child support.

Your brother-in-law does not have the right to divide the house, since the child is just over a year old and is a girl, in principle, it will be raised by the woman, and the man will pay child support.

After the divorce, your brother-in-law will only divide the property of your sister and your brother-in-law's family, and the property of your parents will be divided between you and your sister.

1. The principle of equality between men and women. The principle of equality between men and women is not only reflected in the various legal norms of the Marriage Law, but also serves as a guide for the people's courts in handling marriage and family cases. This principle is embodied in the division of property in divorce, that is, both husband and wife have the right to divide the joint property equally and bear the obligation of joint debts equally.

2. The principle of taking care of the interests of children and the woman. The "care" here can not only give the woman an appropriate share of the property, but also allocate a certain property that is particularly needed for life, such as housing, to the woman in terms of the type of property. After all, in terms of customary forces, obstacles caused by the influence of traditional factors, and women's housework burdens and physiological characteristics, after divorce, women are generally weaker than men in finding jobs and earning a living, and they need more help from society.

At the same time, when dividing the joint property of husband and wife, special attention should be paid to protecting the lawful property rights and interests of minors. The legal property of minors cannot be included in the joint property of the husband and wife for division. 3. The principle of conducive to life and convenient life.

The division of joint property in divorce should not be carried out without compromising the utility, performance and economic value of the property. When dividing the means of production in the common property, they should be distributed to the party who needs the means of production and can better play the role of the means of production; When dividing the means of subsistence in the common property, it is necessary to satisfy the professional or professional needs of the individual as much as possible, so as to give full play to the use value of the property. The indivisible property shall be owned by one party according to the principle of actual needs and beneficial utility, and the party who receives the property shall compensate the other party according to the actual value at the time of divorce in accordance with the principle of equity.

4. The principle of non-abuse of rights. When dividing the joint property of the husband and wife in a divorce, the property belonging to the state, the collective, or others must not be divided as the joint property of the husband and wife, and the lawful interests of others must not be harmed in the name of dividing the joint property of the husband and wife. 5. Where property owned by one of the spouses is consumed, damaged, or lost during common life, the other spouse shall not compensate for it.

This is a summary of judicial practice experience, which meets the requirements of the relationship between husband and wife and the essence of marital life, and is conducive to avoiding unnecessary disputes.