The house confirmation added the newly married daughter in law, but now she is divorced again, what

The house right confirmation adds the newly married daughter-in-law, but now that she is divorced, this house right confirmation can remove the name of the divorced daughter-in-law, because the house is the man's pre-marital property and does not belong to the joint property after marriage, so the house property does not have the divorced daughter-in-law's share.

Hello, the share and the value-added part of the part bought before marriage without adding a name are the personal property of this party before marriage, and the part of joint repayment after marriage is the joint property of the husband and wife. If the parties agree on the division of the property, the division shall be as agreed. If there is no agreement, it is generally registered in whose name belongs to whom, and the party who obtains the property will compensate the other party in cash, and the scope of cash compensation includes the price of the mortgage and the corresponding increase in the value of the mortgage part.

The remaining part of the mortgage is the personal debt of the party who acquired the property, and the individual repays the bank loan on his own. If both parties want to own the house, judicial practice will use the method of bidding between the husband and wife to determine who will hold the house. If both parties do not want the property, an appraisal agency will be selected to evaluate the property and a judicial auction will be conducted according to the appraisal**.

After deducting the part of the bank mortgage, the remaining part of the proceeds of the judicial auction is divided between the two parties in half. If the name is added after marriage, it is equivalent to a gift to the woman, and the property is half for one person at this time. The relevant laws and regulations provide for the handling of the Judicial Interpretation I of the Marriage and Family Affairs Section of the Civil Code

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 ownership of the house, the house shall be auctioned or sold according to the application of the parties, and the proceeds shall be divided. Article 77:Where at the time of divorce, the parties have a dispute over a house that has not yet been taken ownership or has not yet obtained full ownership and negotiation fails, 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 based on the actual circumstances. 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.

Article 78:Where 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 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 party registered in the immovable property shall compensate the other party for the joint repayment of the loan and the corresponding increase in the value of the property between the parties after marriage.

。Article 7 of the latest Judicial Interpretation (3) of the Marriage Law provides; The other party added its name. There is also the promulgation of the latest judicial interpretation (3) of the "Marriage Law", which can only write a person's name on the real estate certificate, depending on whether the house belongs to the pre-marital property or the post-marital property, you can also get it.

For example, if the husband still enjoys 90% of the property rights to the house: the contribution of the father and the wife is 9 respectively, is it necessarily beneficial to protect the property rights, that is, in special circumstances: 1.

There seems to be a change in the real estate registration now, that is, the name of the head of your family belongs to the joint property of the husband and wife, and the man only enjoys 50% of the property rights, and the buyer should pay attention to it. Add your name to the real estate certificate 90% of the real estate becomes half of the reminder to be cautious, add the name is more fair, add your own name on the real estate certificate, only the name of one of the husband and wife is written on the real estate certificate, it will be determined as the property owner's personal property before marriage, the real estate can be identified as the two parties according to their respective parents' share of capital contributions, but the house has become two people in common. Because, adding his name to the property certificate, the house is 90% according to the man, which is also particularly important, which has caused many families to add their names to the real estate certificate, if the man is not at ease.

This situation. This is especially true for the joint contribution of both parties before the marriage. However, if the house purchased before the marriage is your own, you can prove that you have the money to buy the house, it should be divided equally.

However: "In the case of immovable property purchased with the capital of both parents, but only the name of one of the spouses is written on the property certificate, when the parents of both husband and wife jointly fund the purchase of a house for their children, and the property right is registered in the name of one of the children, their own name is added." If it is only registered in the woman's name!

Thus; If it is a marital property, the difference is not insignificant, whether the house is registered in the name of the man or the woman, and the woman shares 10% of the shares, if two people buy it together, it will only damage their own rights, and if they are divorced, the house will become the joint property of the family, so as to protect the property rights of the party who has not written the name into the property certificate, unless otherwise agreed by the parties, it is also necessary to be cautious, if it is personal property before marriage.

The Marriage Law stipulates that if one party donates the property of the other party and divides the real estate in the divorce: Article 6 of the Judicial Interpretation III of the Marriage Law provides that if the parties agree to donate the real estate owned by one party to the other party before marriage or during the existence of the marital relationship, and the donor party revokes the gift before the registration of the change of the donated property, and the other party requests a judgment to continue to perform, the people's court may handle it in accordance with the provisions of Article 186 of the Contract Law. At this time, if one party donates the property to the other party, even if it has been married for many years, as long as the property has not been transferred, the donor can also revoke the gift, and the property still belongs to the donor at the time of divorce and will not be divided.

Article 7 of the Judicial Interpretation III of the Marriage Law provides that if the immovable property purchased for the child by one of the parents after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the spouses. RR At this time, if one of the parents contributes to buy a house after marriage, the property right is registered in the name of his or her children, which is a gift to his children, and has no relationship with the other party during the storage period of the marital relationship, and it will be regarded as the personal property of one of the spouses at the time of divorce and will not be divided. r Judicial Interpretation III of the Marriage Law provides that if the immovable property purchased by the parents of both parties is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties according to the share of their respective parents' contributions, unless otherwise agreed by the parties.

RR Houses purchased by both parents after marriage, regardless of which party the property rights are registered, shall be divided according to the share of the capital contribution in the event of divorce. Article 10 of the Judicial Interpretation III of the Marriage Law provides that if 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 loan from the bank, 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 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 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. RR In this case, for the house purchased before the marriage, even if the mortgage is repaid jointly after the marriage, the house belongs to the personal property of one of the spouses, and the property will not be divided in the event of divorce. Article 12 of the Judicial Interpretation III of the Marriage Law: During the existence of the marital relationship, if both parties use the joint property of the husband and wife to purchase a house in the name of one of the parents, and the property right is registered in the name of one of the parents, and the other party claims to divide the house according to the joint property of the husband and wife at the time of divorce, the people's court will not support it.

The capital contribution made at the time of purchase of the house can be treated as a creditor's right.

If there is a clear real estate judgment in the judgment, one person can transfer the property with the judgment.

Hello, according to your question, first of all, confirm how you confirmed the house in your son's name, if it is clearly given to your son alone, then the property belongs to your son's personal property, even if the marriage changes later, this property has nothing to do with the daughter-in-law, unless the husband and wife make a special agreement through a written agreement during the marriage. If it is not clear that the property is only given to the son, according to the relevant provisions of the Civil Code, the donated property belongs to the joint property of the husband and wife, and if there is a change in the future marriage, it will be distributed according to the rules for the distribution of the joint property of the husband and wife, and the daughter-in-law can share it.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China provides that a man and a woman may agree 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.

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 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 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 is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 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 spouses: (1) the premarital property of one party; (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 party.

If the marriage changes, your daughter-in-law will not be able to share the house, because the name of your house is written in your son's name, so your daughter-in-law has no right to share it.

According to the law, the property donated by the parents to the children belongs to the children, and if the children's marriage changes, the spouse has no right to fight for the shares.

In the case you mentioned, if your son divorces, your daughter-in-law will also have to share the house, because it is their marital property.

This belongs to the joint property of the son and his wife, and the daughter-in-law certainly has a share.

You are a gift to your son, and there is an agreement written on it, it is for the son, and the real estate certificate writes the son's name, which belongs to the son's personal property, and if the son divorces, the daughter-in-law cannot divide the house.

After receiving the marriage certificate, the real estate certificate is confirmed in the son's name, that is, the marital property, the certificate does not clearly occupy the share, according to each 50%, if the son's marriage changes and divorces, the daughter-in-law has the right to divide half.

If only your son's name is on the real estate deed, which is pre-marital property, the divorced woman will not be able to share it. If the property is jointly owned by the husband and wife, the divorce shall be divided among the wife, unless the woman herself renounces it.

If only your son's name is on the title deed, and the house is a gift from you, the daughter-in-law has no right to divide the house.

According to the Marriage Tobacco Law, it is divided into pre-marital property and post-marital property. If it is a post-marital property, the daughter-in-law will have a share.

In the case you described, the house was transferred by you to your son, and you only need to keep the certificate of transfer and the gift of the owner of the property before your son, and the court will handle it according to the actual situation. The daughter-in-law will not enjoy the real estate treatment on the house.

In this case, a lawsuit can be filed in the local court. Verbal agreements need to be authenticated by a third party.

Initiate a lawsuit in accordance with the lawsuit for affirmation of rights.

1. How to fight the lawsuit of housing ownership.

1. If a lawsuit is filed in the court where the real estate is located, according to the Civil Procedure Law and relevant judicial interpretations, the lawsuit for confirmation of housing rights is a real estate dispute and shall be under the jurisdiction of the court where the real estate is located;

2. Litigation acceptance fee: 300 yuan per case.

4. Submit the complaint to the case filing division of the real estate court, and you will get a notice of filing the case if you pay the fee as required, and submit and supplement the evidence within the evidence presentation period. and so on.

5. If the judgment of right confirmation is finally obtained, it is necessary to apply to the court to issue a notice of assistance in enforcement to the housing management department in time to handle the property rights.

2. What evidence is needed to litigate a property rights dispute?

1. The legal person shall submit the following information:

1) Approval of the building plan;

2) Land use right certificate or legal land use document;

3) Notice of fixed-point planning of construction projects;

4) Construction project planning permit;

5) Construction project commencement report;

6) Construction project (quality) completion acceptance certificate;

7) Floor plan of the house;

8) Floor plan of the house in layers;

9) Floor plan of the house;

10) Approval of application for registration of housing property rights.

2. Individuals should submit the following information:

1) Land use right certificate or legal land use document;

2) Construction project planning permit;

3) fixed-point construction project planning;

4) Floor plan of the house;

5) Approval of application for registration of housing property rights;

6) If it is necessary to apply for it, a notarized power of attorney and a copy of the ID card of the person in charge shall be issued.