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You can appoint a lawyer to take care of your case with full authority. Appoint someone else to appear in court on your behalf.
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After the divorce, do you see if the property is shared by the husband and wife? If it is the joint property of the husband and wife, it must belong to one party, find money for the other party, how much? First according to the husband and wife negotiation, it really can't be done, according to the divorce judgment.
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No, you don't. The legal effect of a divorce judgment is greater than that of the property management department. That is to say, the court judgment awards the house to you, even if the real estate certificate is in her name, you also have the right to dispose of the property, that is, to buy, sell, gift, and dispose of it unilaterally, without notifying your daughter-in-law.
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Yes, yes. Views of both parties.
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1. The husband and wife contribute capital (including loans) to obtain the property rights of the house after marriage, and the division of the house after the divorce, first of all, clarify the property rights, whether the name of one party or the names of both parties on the real estate certificate, they are all joint property. Secondly, it is clear that the output value, that is, the value of the house, is calculated according to the market price, not the amount of the original purchase contract. Again, distinguish between the equity part and the debt part.
If a loan is involved, the loan part must be removed first. In other words, the party that acquires the house pays half of the value of the house to the party who does not get the house, and the owner of the house pays the remaining principal and interest alone.
2. If one of the husband and wife has paid all the house price before marriage and obtained the real estate certificate, the division of the house at the time of divorce shall be subject to the provisions of the judicial interpretation (II) of the Supreme People's Court on the Marriage Law, since one of the husband and wife has paid all the house price before marriage and obtained the real estate certificate, then the house is premarital property. Therefore, in the event of a divorce, the other party has no right to claim a partition.
3. If one of the husband and wife buys a house through a mortgage loan before marriage and obtains a real estate certificate, and the house where the husband and wife jointly repay the loan after marriage, and the division of the house after divorce, although the house is purchased by one party before marriage, the part of the house appreciation after marriage and the part of the joint repayment of the loan shall be regarded as joint property unless otherwise agreed by the husband and wife. It should be noted that the joint repayment of the loan, whether it is repaid by one party with his or her own salary or by both parties, shall be recognized as the joint property of the husband and wife. Of course, if one party can indeed prove that the loan repayment funds are from the individual's pre-marital property, then this part should not be recognized as the joint property of the husband and wife.
4. If one of the husband and wife paid part of the house price before marriage, but obtained the real estate certificate after marriage, the house where both parties repay the loan together after marriage, and the division of the house after divorce, although the real estate certificate is a certificate of property right and a legal certificate to prove the ownership of the house, it does not mean that the house that obtains the real estate certificate after marriage should be the property after marriage, or the property should be subdivided into two parts before and after marriage.
5. If one of the husband and wife pays part of the house price before marriage and repays the loan jointly after marriage, or one party uses personal property to repay the loan but the house appreciates in value, and at the time of divorce, the division of the house that has not yet obtained the real estate certificate, according to the provisions of the judicial interpretation (II) of the Supreme People's Court on the "Marriage Law", at the time of divorce, if the two parties have a dispute over the house that has not yet obtained ownership or has not fully obtained ownership and cannot be negotiated, the people's court should not make a judgment on the ownership of the house, and shall make a judgment to be used by the parties according to the actual situation.
After obtaining the house ownership certificate, either party will file a separate lawsuit with the court. In addition, the relevant interpretation of the First Civil Division of the Supreme People's Court makes it clear that the scope of the court's inappropriate judgment on the ownership of the house includes: (1) the purchase of welfare policy housing; (2) purchase of commercial housing; (3) Purchase affordable housing.
If the above three types of houses have not been obtained at the time of divorce, the court should not directly make a judgment on the ownership of the house.
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Although I sympathize with you, the law is the law, and whoever has the name of the real estate deed must be present. That woman should have married you because of your house, you better find someone who understands, otherwise she won't divorce you after 20 days of marriage.
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The woman should come over to sign and confirm, just sign it, and it can't be anything. It's easy to say and disperse, and there is no need to be like this.
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Property matters after divorce. That is true. First. house before marriage. Bought. After leaving the soul. Whoever buys it belongs to whom? Bought after marriage. After the divorce of the two. Half each.
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In this case, the woman should come and sign for confirmation, because the title deed has her name on it.
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After the divorce, the real estate certificate needs to be handled by the housing registration authority, and the change of the name of the property after the divorce is an important step to obtain the ownership of the property. If necessary, you can also handle this matter through a professional lawyer**.
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Basic steps of separation:
1) Go to the notary office to notarize the property analysis (note: if there is a divorce judgment, there is no need to notarize);
2) Go to the trading center to handle the transfer;
3) Apply for deed tax exemption at the Housing Authority;
4) Handle the registration procedures for property separation and pay the registration fee;
5) Forensics. 3. Necessary materials for divorce and property registration:
1) Divorce judgment or divorce agreement or divorce certificate;
2) Real estate certificate (if there is a co-ownership certificate, including the co-ownership certificate);
3) Proof of identity of the applicant;
4) Application for real estate registration;
5) Power of attorney.
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After the divorce, the real estate certificate needs to be handled by the husband and wife with the divorce certificate, ID card, household registration book, divorce agreement, etc., and the housing authority goes through the transfer procedures, which does not need to cost funds.
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The parties should go to the notary office to handle the notarization of the property analysis, then go to the trading center where the real estate is located to transfer the drawing, then go to the housing authority to apply for deed tax exemption, and finally go through the property analysis registration procedures and pay the registration fee of 50 yuan; If you are suing for divorce, you should bring the effective court judgment, real estate certificate, and identity certificate directly to the trading center to handle the transfer, and there is no need to go through the notarization of property analysis, and the subsequent procedures are the same as the situation of divorce by agreement.
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Show the divorce certificate, divorce property distribution agreement, and it is best for the ex-husband or ex-wife to go to the house book together.
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How to get a real estate deed after divorce? You can take the necessary materials such as the divorce certificate and the divorce agreement, the property on the divorce agreement must belong to you, and you must also have the court judgment and notarial certificate, which can go to the real estate department to apply for the real estate certificate.
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You can go through it in accordance with the normal procedures and rules. Title deed you can hold the divorce deed in the divorce deed. With the real estate certificate, you can go to the ID card to handle it, do you want to remove that person's name from the real estate certificate, or do you want to do it?
Just take these formalities and go through them.
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Two people go to the real estate bureau to handle it, and they need to bring their ID cards, divorce certificates, real estate certificates and other relevant materials!
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As long as there is a purchase contract, take the ID card to the real estate management office to apply for the real estate certificate.
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After the divorce, the real estate certificate shall be handled by both parties through negotiation, and if no agreement is reached, the court can sue and obey the court's judgment.
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It depends on whether you decide to divorce, if you divorce, you need to go through the divorce procedures or something, and you need a one-month cooling-off period if you divorce, otherwise you are not allowed to divorce, and you can't tear up the divorce certificate! You have to look at it according to the law! If you are divorced, pay attention.
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After the divorce, the property can be based on an agreement or a judgment. Whoever belongs then directly transfers. The owner of the transfer.
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In fact, the most important thing is to see whether your house is done before marriage or after marriage, and then according to the situation, go to reapply for the corresponding real estate certificate.
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After the divorce, what kind of real estate certificate do you have, whoever owns the house is the one who owns it, and you should make these things clear before the divorce.
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All marital property and debts can be divided equally by mutual agreement, and if an agreement is not reached, it can be resolved in court.
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With the soaring housing prices, the issue of real estate after divorce has become the focus of divorce disputes. After the divorce property is divided, how to handle the transfer of the house after the divorce, how to handle the real estate certificate after the divorce, how to transfer the property that has been divided to their own name, and determine the property rights have also become the focus of attention of many friends. So, how to apply for a real estate certificate after divorce?
With the soaring housing prices, the issue of real estate after divorce has become the focus of divorce disputes. After the divorce property is divided, how to handle the transfer of the house after the divorce, how to handle the real estate certificate after the divorce, how to transfer the property that has been divided to their own name, and determine the property rights have also become the focus of attention of many friends. So, how to apply for a real estate certificate after divorce?
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Legal analysis: In the case of divorce by agreement (the divorce parties reach a consensus), to change the name of the real estate certificate after the divorce, the divorced parties need to go to the local real estate transaction center with the following materials: 1. ID card (and copy); 2. Divorce agreement (the divorce agreement must be stamped with the official seal of the civil affairs department or the seal of the civil affairs archives department); 3. Divorce certificate and information that can explain the joint property of the husband and wife after marriage; 4. Application form for registration of change of housing property rights; 5. The house ownership certificate (including the house co-ownership certificate) should be handled at the local real estate trading center; In addition, if the divorce agreement does not indicate the time of registration of the original marriage, the original marriage certificate must also be provided.
Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the 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 shall be the personal property of one of the spouses:
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.
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After the divorce, if the actual owner of the house changes, it is necessary to go to the real estate registration authority to change the property rights.
The "change of actual owner of the house" referred to here is divided into two situations: [1] The house originally belonged to the husband and wife, but after the divorce, it became owned by one of the parties. [2] It was originally owned by the husband or wife who did not disturb the other party, and after the divorce, it was transferred to the other party.
In this case, the transfer of property rights should be completed and a new "House Ownership Certificate" should be obtained to maintain the consistency of the registration information of the "actual owner of the house" and the competent real estate authority.
The property rights of houses belong to the real estate resources of citizens, and the registration of property rights is subject to dynamic management. Article 14 of the Property Law stipulates that "the creation, alteration, transfer and extinction of immovable property rights shall be registered in accordance with the provisions of the law, and shall take effect when they are recorded in the immovable property register." Article 16 of the Property Law also stipulates that "the immovable property register shall be the basis for the ownership of property rights and the acceptance of internal rights."
The immovable property register is managed by the registration authority. ”
According to the provisions omitted from the previous file, only the registered real right is the legal owner of the property, that is to say, after the change of the real right of the house, the change must be registered in the housing registration book of the real estate registration authority, so that the actual owner of the house is consistent with the content recorded in the housing registration book, and the changed real right will take legal effect.
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1. What is the name change of divorce real estate certificate?
First of all, it is necessary to explain the name change of the divorce real estate certificate, which is the name of the filial piety of the person who needs to change the property right of the god when the real estate certificate has not been obtained. For the name change of the real estate certificate after the divorce, the correct statement should be the transfer of the real estate after the divorce. Therefore, the name change of the divorce real estate certificate is actually a matter of divorce real estate transfer.
Changing the name on the title deed is correct to say that the property is transferred after the divorce. So, what is the procedure for changing the name of the real estate deed after divorce?
2. How to change the name of the real estate certificate after divorce?
How to change the name of the real estate deed after divorce, the procedures required are as follows:
1) If the signed is notarized at the notary office, if there is a divorce judgment, there is no need to notarize;
2) Go to the trading center to handle the transfer;
3) Apply for deed tax exemption at the Housing Authority;
4) Go through the registration procedures for property analysis and pay the registration fee of 50 yuan;
5) Forensics. 3. What are the materials required for the name change of the real estate certificate after the divorce?
The materials required are as follows:
1) Divorce agreement on the division of real estate (in the case of divorce by mutual agreement);
2) Divorce property ownership agreement, if one of the rights holder applies for registration, it is necessary to submit a notarized divorce property ownership agreement (in the case of divorce by agreement);
3) Effective court judgment and its copy (when applicable);
4) If the ownership of the real estate is specified in the judgment, one of the right holders may apply for registration of the real estate certificate (in the case of divorce by litigation);
5) and photocopies;
6) Property ownership certificate;
7) Identification and photocopy.
4. How much does it cost to change the name of the real estate certificate after divorce?
1) The deed tax is 2% of the property price;
2) Stamp duty is 5/10,000 of the production price.
3) Registration fee;
4) 2% of the transaction fee (according to the production price);
5) Production cost.
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Yes, as long as the other party agrees, the house will be your joint property after adding your name.
There are generally two ways for husband and wife to divorce by agreement and divorce by litigation, and the procedures for changing the name of real estate are as follows: 1. Procedures for changing the name of the real estate certificate under the method of divorce by agreement If the divorce by agreement (the divorce parties reach an agreement through consultation), to change the name of the real estate certificate after the divorce, the divorced parties need to go to the local real estate transaction center with the following materials: 1. ID card (and copy); 2. Divorce agreement (the divorce agreement must be stamped with the official seal of the civil affairs department or the seal of the civil affairs archives department); 3. Divorce certificate and information that can explain the joint property of the husband and wife after marriage; 4. Application form for registration of change of housing property rights; 5. The house ownership certificate (including the house co-ownership certificate) should be handled at the local real estate trading center; In addition, if the divorce agreement does not indicate the time of registration of the original marriage, the original marriage certificate must also be provided. >>>More
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