Divorce, don t sell the house and don t share the money with each other?

First of all, there are two forms of divorce, one is divorce by agreement and the other is divorce by litigation.

For divorce by agreement, the parties only need to reach an agreement on the division of property, and there are no special requirements;

For litigation divorce, the property will generally be distributed according to the principle of one person and half, and if one party clearly does not have money to share with the other party, the house can be divided to the party who can compensate, or the house will be disposed of in a co-ownership manner, with each accounting for 50% of the share of the house.

In general, it is divided evenly. Marriage Law: Article 39 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.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law. Article 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

If the house is judged to be the joint property of both parties and the property is divided into two parties, if one party fails to fulfill the payment obligation, the other party can apply to the court to compel the auction for enforcement.

Since you want to divorce and want a house, then you have to give each other money, even if you borrow it, you have to lend it to each other, after all, a husband and wife are very kind every day.

If the court asks for a split of the money, it still asks for the house to be sold, otherwise there is no way to get a divorce.

If you don't want to sell the house, you can use an IOU to deduct it from your salary.

Legal analysis: It can be negotiated between the two parties, one party will pay in installments, and if both parties are not willing to reach an impasse, they can only sue and auction the property. If there is no special agreement on the property acquired after marriage, it shall be divided equally in principle.

The period of conjugal relationship refers to the period between the marriage of a husband and wife and the death or divorce of one of the spouses.

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

Article 1062:[Joint Property of Husband and Wife]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) 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.

Whether the house can be divided into half without payment for divorce shall be determined according to the following circumstances:

1. The house is purchased after marriage, and since the property acquired separately after marriage will be recognized as joint property, the house belongs to joint property, in this case, the house can be divided into half;

2. If the house is pre-marital property, it should be owned by one party personally, and the house cannot be divided;

3. The original ownership of the house belongs to one of the parties, and then the name of the party who did not pay is added, which also belongs to the joint property, but in this case, the divorced house is divided into less than half, and it is generally resolved by the two parties through negotiation, and if the negotiation fails, the people's court will make a judgment according to the actual situation.

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 shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for hard work;

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 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.

The rights and interests enjoyed by the husband or wife in the contracting and management of the family's land shall be protected in accordance with law.

The property acquired during the marriage is jointly owned by the husband and wife, and whoever wants the house must compensate the other party in the event of divorce. If one party applies to the court for auction if the negotiation fails, the court will. In the case of a divorce by mutual agreement, if the divorce agreement clearly stipulates that the other party has the obligation to pay compensation, but the other party refuses or delays the payment, you can sue the other party to pay the compensation as agreed.

In the case of litigation divorce, if the civil mediation document or civil judgment clearly states that the other party has the obligation to pay compensation, but the other party refuses or delays payment, it may directly apply to the people's court for compulsory enforcement.

1. How to divide the property of the husband and wifeThe division of the jointly owned house between the husband and wife when they divorce shall be carried out in accordance with the following methods:

1. In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If an agreement fails, the people's court shall make a judgment on the basis of the specific circumstances of the property and the principle of taking into account the rights and interests of the woman and the children.

2. In principle, the real estate jointly owned by husband and wife should be divided equally, and the specific treatment can also be different according to the actual needs of production and life and the actual needs of property.

3. For the house jointly owned by the husband and wife that is not suitable for division and use, it shall be owned by one party according to the housing situation of both parties and the principle of taking care of the female skin cavity or the party without fault. The party who has been allocated the house shall compensate the other party in the amount equal to half the value of the house. In the case of equal conditions of both parties, the woman shall be taken care of.

4. If the house lived in during the existence of the marital relationship belongs to one party, and the other party requests temporary residence on the grounds that there is no place of residence in the divorce, it can be verified that the temporary residence may be granted according to the needs of the actual situation, but generally not more than 2 years.

Legal basis

Interpretation 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 (1).

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.

Legal analysis: First, consider whether the husband and wife have an agreement on the property during the marriage relationship, or whether the parties have a clear agreement on the division of the property in the divorce agreement, and if so, the court will give priority to respecting the agreement between the parties. If the parties fail to reach an agreement, the people's court shall handle it according to the following circumstances:

Where both parties claim ownership of the house and agree to obtain it through bidding, it shall be permitted; If one party claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party who obtains the ownership of the house shall give the other party corresponding compensation; If neither party claims ownership of the house, the house shall be auctioned according to the application of the parties, and the proceeds shall be divided.

Legal basis: Article 1087 of the Civil Code In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; 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.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Summary. Hello dear, I am happy to answer for you, there are two forms of divorce, one is divorce by agreement, and the other is divorce by litigation. For divorce by agreement, the parties only need to reach an agreement on the division of property, and there are no special requirements; For litigation divorce, the property will generally be distributed according to the principle of one person and half, and if one party clearly does not have money to share with the other party, the house can be divided to the party who can compensate, or the house will be disposed of in a co-ownership manner, with each accounting for 50% of the share of the house.

Dear, hello return, I am happy to answer for you, there are two forms of divorce, one is divorce by agreement, and the other is divorce by litigation. For divorce by agreement, the parties only need to reach an agreement on the division of property, and there are no special requirements; For litigation divorce, the property will generally be distributed according to the principle of half of the person, and if one party clearly does not have the money to share with the other party, the house can be divided to the party who can compensate, or the house will be treated in a co-ownership manner, and each will account for 50% of the share of the house.

Legal basis: Article 1087 of the Civil Code In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the circumstances of the property and in accordance with the principle of taking care of the children, the woman, and the innocent party.