Parents divorced and house ownership? Parents divorced who the house belonged to

If the parents divorce, then the house can be negotiated with the parents, and it may go to the parents or the children.

The parents are divorced and have two demolished houses. You can divide the demolition house with your parents' property. The first is to demolish the house, because one is one big and one is small.

It depends on who wants it, and if you want the big one, you have to make up the amount that exceeds the area. There will be a standard for this court. The house will have a standard of evaluation.

For your parents' divorce, the ownership of the house should be resolved by two people through negotiation, and if the two people fail to negotiate, they will have to resort to law.

Hello this friend, my parents are divorced, and the ownership of the house should be judged according to the negotiation between the two people. The style of the property.

The house is the joint property of the parents, and the house can be given to the children if the parents agree to it.

When my parents divorced and the house belonged to me, I thought that the ownership of the house belonged to the son or daughter. Only children can divide it.

Because the house has not been transferred, legally speaking, the house is still owned by the seller, and your parents have no right to divide the house after divorce, but can only negotiate the distribution of the creditor's rights formed by the purchase of this house. Hope it helps.

When the parents divorce, the house depends on who is awarded to it, and whoever owns it.

Parents divorced the house must be half of the two of them.

If the parents are divorced, if the house is in the name of the parents, the children can have an inheritance.

Even if the parents are divorced, then look at the problem of how many people, and the children have to have a share, and if you say three people, you have to divide the house among three people.

Parents divorced, of course, half of each parent house.

Legal analysis: After the parents divorce, if the two parties cannot reach an agreement on the ownership of the house jointly consumed by the husband and wife, the people's court may handle it in accordance with the following circumstances: 1. If both parties claim the ownership of the house, they can bid to obtain the ownership of the house; 2. If only one party claims ownership, the appraisal agency shall evaluate the house according to the market, and the party who obtains the ownership of the house shall compensate the other party; 3. If both parties do not want the house, the house can be auctioned and the price obtained can be divided.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China stipulates that both men and women may belong to each other, jointly own, or partially separately and partly jointly own, the property acquired during the marriage relationship and the property before marriage.

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 relationship to disturb 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.

Legal Analysis: Depends on the circumstances. If, at the time of divorce, the parties have a dispute over a house that has not yet obtained ownership or full ownership and cannot be reached through negotiation, the people's court shall not make a judgment on the ownership of the house, but shall make a judgment on the use of the house 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.

If one of the spouses 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 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.

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 it 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.

Legal basis: Article 77 of the Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China stipulates that if the parties have a dispute over a house that has not yet obtained ownership or full ownership at the time of divorce and cannot reach an agreement 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.

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 parties shall compensate the other party for the joint repayment of the loan and the corresponding increase in the value of the property.

Article 79: Where, during the existence of a marital relationship, both parties use the joint property of the husband and wife to purchase a house in the name of one of the parents, which is registered in the name of one of the parents, and at the time of divorce the other party claims that the house be divided in accordance with the joint property of the husband and wife, 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.

According to Article 1087 of the Civil Code (effective as of January 1, 2021), in the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the parties; If an agreement is not reached, 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. Therefore, for real estate disputes, negotiation should be the mainstay, and if the negotiation fails, the court will make a judgment according to the specific circumstances such as the name on the property right certificate, the income from gift or inheritance, etc.

1. What are the other contents of the law?

The house with the ownership problem** or the newly purchased property after the demolition:

1. If there is only your boyfriend's name on the real estate certificate at the time, under normal circumstances, the price obtained by ** is still his personal property, and the second house bought with this money is, of course, his personal property. However, if you have evidence that you also contributed capital when you bought the house, the proceeds of the property will be divided between you and you according to the amount of capital contributed at the time of purchase. Because the payment for the blind house is paid in full, there is no problem of repaying the loan.

2. If your name is added to the property certificate, it is a joint property, and the second house bought with the price of ** or demolition is also a joint property.

The house that the parents financed:

It is clarified that after marriage, one of the parents shall contribute to the purchase of immovable property for their children, and the property rights shall be registered in the name of their children, it shall be recognized as the personal property of one of the spouses. In practice, either the man's parents or the woman's parents, who are funders, have expressed their concern about the loss of family assets due to the divorce of their children.

In practice, parents often spend all their savings on the purchase of a house for their children's marriage, and generally do not sign a written agreement with their children, and if the house is recognized as the joint property of the husband and wife at the time of divorce, it is bound to go against the original intention and will of the parents to buy a house for their children, and in fact it also infringes on the interests of the parents who contribute to the purchase of the house.

Therefore, if the property right is registered in the name of the parents and children who contributed to the purchase of the house, it is more reasonable to regard it as a gift from the parents to their children only, and most people agree with this in their feedback, believing that this treatment takes into account China's national conditions and social common sense, and is conducive to the resolution of disputes. If the parents of both parties contribute to the purchase of immovable property, and the property rights are registered in the name of one of the children, they shall be jointly owned according to the share of the capital contribution of both parents, which is more in line with the actual situation.

1. Which party owns the property after the parents' divorce.

1) Before marriage, one party pays the full price of the house and obtains the real estate certificate.

In this case, whether the property is obtained before or after the marriage, the property belongs to the personal property of the paying party, and the other party has no right to demand a division of the property and its value.

2) The individual pays all the house price before marriage, obtains the real estate certificate after marriage, and the property right is registered in the individual's name.

At this time, it is advisable to identify it as the property of a person who has been looking at Ranxun, because according to the regulations, the property is neither a new property added during the existence of the marital relationship, nor is it the income from the production and operation of both parties, and it is still personal property in nature.

3) One party pays the down payment before the marriage, obtains the house ownership certificate before the marriage, and the property right certificate is registered in the name of the party who pays the down payment, and the husband and wife jointly repay the loan after the marriage period.

The property should be recognized as the personal property of the party who paid the down payment. However, there is a dispute between individual property and joint property over the ownership of the increased value of the property during the marriage. This article argues that the owner of the house should compensate the other party for the value-added part, and the compensation can be based on the prescribed compensation principle.

4) One party pays the down payment before the marriage, and the loan is repaid jointly after the marriage, and the property ownership certificate is obtained, and the ownership of the property in the name of the party who pays the down payment is registered.

5) Jointly fund the purchase of a house or a mortgage to buy a house before marriage, obtain a real estate certificate before or after marriage, and the real estate certificate is registered in the name of one party.

At this time, the property should be the joint property of the husband and wife.

6) Apply for a mortgage before marriage, repay the loan jointly after marriage, and have not obtained the real estate certificate at the time of divorce proceedings.

In this case, because the property rights of the house have not yet been determined, according to the relevant regulations, the court will refuse to make a judgment on the ownership of the house.

7) The property right of a house purchased for a child by one of the parents before marriage shall be registered in the name of the child.

Unless there is a special indication that the gift is made to the children by both husband and wife, it is deemed to be a gift from the contributing parents to their children and is their personal property. If one of the parents pays for the purchase of real estate for their children after marriage, the property rights registered in the name of the children of the contributing party are a gift from the parents to one of their children, and the real estate is the personal property of one of the spouses.

2. Compensation for material damages in divorce.

It means that the perpetrator causes damage to others due to the actor's fault, and the injured party shall compensate the injured party for economic losses in accordance with law. In divorce proceedings, if the act of the at-fault party (limited to the four statutory circumstances stipulated in Article 1091 of the Civil Code) causes economic losses to the victim, the at-fault party shall compensate for the economic losses, such as medical expenses, nursing expenses, transportation expenses, etc., incurred by one party in committing domestic violence and causing harm to the other party.

When the parents divorce the house, the ownership of the parents' house should be handled according to the content of the Civil Code of the People's Republic of China, and the joint property of the husband and wife at the time of divorce can be determined through negotiation, that is, the parents can negotiate to transfer the ownership of the house to whom, and secondly, the principle of taking care of the woman and the innocent party is needed to divide the property.

Can the house be transferred to minor children after the parents divorce?

The house can be transferred to minor children after the parents are divorced. However, it is worth noting that after the husband and wife decide to donate the joint property to the child, if the child is an adult, he can go to the housing registration department to directly change the registration, if the child is a minor, he must submit his guardianship certificate and guardian identity certificate, and note the name of his legal guardian on the real estate certificate. Since a minor is a person who does not have any or limited capacity for civil conduct, the handling of the real estate must comply with the relevant legal provisions.

China's law stipulates that citizens have the right to dispose of their own property, and when the husband and wife divorce, as long as both parties reach an agreement, they can transfer the property to their minor children, at this time, the husband and wife only need to go to the housing authority to handle the transfer.

[Legal basis].Article 1087 of the Civil Code of the People's Republic of China:

In the event of a 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. Therefore, for real estate disputes, negotiation should be the mainstay, and if the negotiation fails, the court will make a judgment according to the specific circumstances such as the name on the property right certificate, the income from gift or the income from inheritance.