I want a divorce, can I divide the house?

Seriously, the house is a pre-marital property, and unless you have been married for five years, it will be difficult to get it, but you can get a divorce by mutual agreement with your husband, and he will pay you a certain amount of money as compensation. The rest is the savings of the two, child support or something, including the time to visit the children, which can be negotiated in detail.

You can't get a house. Marriage is not child's play. No matter how wrong the mother-in-law is, she is always her husband's mother, her god, even if it is wrong, he will not find out.

Understand him more, besides, the most important thing is that marriage is like glass, broken, and it will be difficult to get together again. Remarried, like a retreaded tire. Don't let small things affect your happiness for a lifetime.

You and your husband have been married for too short, and you can't share it as a pre-marital property, and you are a teacher, you should be quite rich, almost that little thing, you look at the wrong person.

It is not easy to organize a family, and even if you combine with other people, you will encounter problems of one kind or another. Think carefully about the idea of divorce, divorce, what to do with children, as a teacher, you should be more aware of the pain caused by the divorce of parents to children. Be patient in everything and focus on the overall situation.

If you take a pre-marital mortgage, it belongs to your husband's pre-marital property, but if you repay it after marriage with your husband's salary income, you should be able to get a proportional share.

Pre-marital property is not considered joint property.

How much is more?

Look at your expression, it's all about complaining, and there is no concept of empathy at all, why are the current teachers like this?!

If you say something for your husband and mother-in-law, and find some problems from yourself, it will be more sympathetic!

It is not always possible to divide the house in the event of a divorce. If the property purchased after marriage is purchased with the joint property of the husband and wife, it is in principle the joint property of the husband and wife, and in principle, it should be divided equally in the event of divorce. If it is purchased with personal pre-marital property and registered in the name of the individual, it is generally personal property and cannot be distributed by the other party; If it is registered in the names of both parties, it is generally regarded as a gift to the other party, and it is generally divided equally in the case of divorce.

The parties may also agree on the ownership of property acquired during the marriage and before the marriage. It may be agreed that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing.

The agreement between the husband and wife on the property acquired during the subsistence of the marital relationship and the property of friends before marriage shall be legally binding on both parties.

Legal basis] Civil Code of the People's Republic of China

Article 1062:The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1063:The following property is the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

How to divide the property in a divorce:

1. If the property is jointly funded by the husband and wife, and the property that the two parties agree to jointly own, shall be divided by the husband and wife by agreement, and if the agreement is not reached, the people's court shall make a judgment according to the specific circumstances of the real estate and in accordance with the principle of taking care of the rights and interests of the children, the woman and the innocent party;

2. For personal contributions, the real estate owned by the individual agreed by both parties shall not be divided.

[Legal basis].Article 1065 of the Civil Code of the People's Republic of China.

The man and the woman 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 on lead matching or the agreement is not clear, the provisions of Articles 1062 and 1063 of this Law shall apply.

Article 1087.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement fails, the people's court shall 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.

Legal analysis: 1. Houses owned by individuals are owned by individuals and are not divided in the event of divorce. 2. If the house is joint property, it needs to be divided at the time of divorce.

3. One party buys a house with a mortgage in his or her own name before marriage, and the property right is registered in the name of the individual, and the husband and wife jointly repay the loan after marriage. According to the law, the house is the personal property of one party before the marriage, but the two parties shall jointly repay the loan after marriage, and the corresponding value-added lead of the loan repayment part shall give the other party economic compensation. 4. Before marriage and during marriage, the purchase of a house by parents is registered in the names of both parties, and if there is no special explanation, it is generally regarded as a gift to the husband and wife, and the house is divided as the joint property of the husband and wife at the time of divorce.

If it is registered in the name of one of your children, it is regarded as a gift to your children, and it is personal legal property and does not need to be divided.

Legal basis] Civil Code of the People's Republic of China

Article 1076:Where both 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 shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

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 the repatriation 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 serious habits such as gambling and drug abuse, and repeatedly refusing to change them;

4) 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.

The division of real estate after divorce can be handled by both men and women through negotiation. If an agreement cannot be reached on the division of the property, and both parties want to fight for the property, the court will usually deal with it as follows:

First, both parties have the ability to compensate each other, and both agree to obtain the property through bidding, which will be obtained by the highest bidder, and the other party will be compensated according to the **.

The second is that only one party has the ability to compensate, and the appraisal agency will evaluate the house according to the market, and have the ability to compensate one party to give the other party corresponding compensation.

Third, both parties have no ability to pay compensation, and the court will usually choose between the following two methods: one is not to deal with it, and inform the judgment of divorce to file a separate lawsuit for property disputes after divorce; The second is that the court will take care of the party who has obtained custody, the rights and interests of women and children, and the party who has no house, and then make a judgment that it belongs to one party, and the party that obtains the property will give the other party corresponding compensation. If the party who acquires the house after the judgment cannot compensate the other party, the other party may apply to the court for enforcement according to the judgment.

[Related Laws].

Civil Code of the People's Republic of China

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property hidden before the marriage is legally 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 counterpart, the personal property of the husband or wife shall be repaid.

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.