I moved my house after my divorce, how can I settle alone? 20

The first is the issue of ownership of the house. Is this property your legal property now?

If yes. As for the issue of demolition and resettlement, there are laws and regulations in various localities. There is no hard and fast rule. However, the general cost of demolition and resettlement is not lower than the local housing prices around the demolished.

You can ask for 30 square meters of financial compensation, if you want a house, then buy someone else's resettlement area according to the market**. For example, buy 60 square meters, and add yours to make a house.

You can ask for a certain amount of financial compensation, and you have the right to choose whether to exchange the house or financial compensation.

If you don't have the ownership of the house after the divorce, then you can't enjoy the resettlement. In the event of a divorce, the joint property of the husband and wife is disposed of by mutual agreement; When the agreement is not finalized, 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 and wives in the contracting and operation of family land shall be protected in accordance with law.

Article 1062 of the Civil Code stipulates that the following property acquired by the husband and wife during the existence of the 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 labor services; (2) Income from production, operation and investment; (iii) proceeds from intellectual property rights; (4) Inherited or donated property, except as provided for in Paragraph 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.

After the divorce, the joint property of the husband and wife has been divided, and the party who does not have the ownership of the house cannot enjoy the relocation and resettlement. Shoubu.

Legal basis: Marriage Law

Article 39: [Divorce Handling of Joint Property of Husband and Wife]In the event of divorce, the joint property of 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 and wives in the contracting and operation of family land shall be protected in accordance with law.

Note: After the Civil Code came into effect on January 1, 2021, the above legal basis was changed to Article 1087 of the Civil Code.

The circumstances of whether the house can be resettled after the divorce are as follows:

1. The demolition of the co-owned housing with household registration, the actual residence has been made before the divorce, and there is no disposition opinion at the time of divorce, and the house is demolished after the divorce, and one party can support the interests of the demolition;

2. The house in the private house with household registration in the name of one of the parents**During the marriage, the private house of one of the parents is demolished and resettled, and the husband and wife actually live in the house and claim the right of residence for the house cannot be supported when they divorce.

If the house is compensated according to the household registration, and the person's household registration is in the house, the local demolition policy can be enjoyed; If the house is compensated according to the co-occupants, whether the person can enjoy the local demolition policy depends on whether the parties are co-occupants; If compensation is based solely on the size of the house, the compensation cannot be enjoyed unless the house has a share of the parties.

The law is based on the law of gliding

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 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) There are gambling, drug abuse and other evil tricks that make Yu Xi repeatedly teach and do not change;

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. Article 1084:The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

Legal analysisIf the divorced property belongs to the property of one of the spouses, according to the provisions of the demolition policy, the compensation for demolition is given to the owner of the house, that is, the owner of the house (non-occupant). At this time, since the house only belongs to one of the husband and wife, the compensation for demolition and relocation can only belong to the personal property of one of the husband and wife, and will not participate in the division of the property in the divorce. Therefore, in this case, the divorce and demolition compensation will not be divided.

The divorced property belongs to the joint property of the husband and wife, that is, the husband and wife jointly own the property rights of the house, and the compensation for house demolition is the joint compensation of the husband and wife, which belongs to the joint property of the husband and wife, so the compensation for demolition and relocation shall be equally distributed according to the joint property of the husband and wife at the time of divorce. Of course, under normal circumstances, it is divided equally, and the compensation for demolition and relocation needs to be distributed with reference to the principle of taking care of the innocent party, the woman, and the parent raising the children in the same way as other common property. In the case of demolition and relocation during the marriage, the benefits of the demolition and relocation that the woman can share after the divorce are mainly distributed according to the specific demolition policy, the demolition agreement, and the woman's contribution to the renovation and expansion of the demolished house after marriage, and other factors such as the duration of the marriage of the husband and wife.

Legal basisArticle 1087 of the Civil Code of the People's Republic of China In the event of 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 Hand Xiao Sakura 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.

If the house is the personal property of one of the spouses and the house is not expanded, attached or compensated for the price difference after the marriage, the other party is not entitled to the resettlement house; If the house is the joint property of the husband and wife, both parties have the right to obtain the resettlement house; If the house is expanded or attached after marriage, both parties shall each account for 50% of the value-added part of the resettlement house.

1. Whether the daughter-in-law who moved the house has a share.

If the house is the private house of the in-law's family, the daughter-in-law is not entitled to the resettlement house, but if the demographic factor of the daughter-in-law is taken into account in the relocation, the daughter-in-law can receive certain compensation; If the house is public housing, and the daughter-in-law has lived in the house for one year, has no house elsewhere, and the household registration is also in the house, and meets the requirements of co-residents, the corresponding rights and interests in the relocation and resettlement can be claimed.

2. How long can the resettlement house be traded?

1. Demolition and resettlement housing refers to the housing that is demolished and relocated to the demolished person or tenant for residential use due to urban planning, land development and other reasons.

2. According to the provisions of relevant laws and policies, the relocation housing is generally divided into two categories: one is the supporting commercial housing built for the relocation of residents due to major municipal projects or the low- and medium-priced commercial housing purchased. According to the regulations of the relevant parties, if the resettled person obtains this kind of supporting commercial housing, the property right of the house belongs to the individual, but it cannot be listed and traded within 5 years of obtaining the ownership.

3. The other type is the low- and medium-priced commercial housing (compared with the market price) that is demolished and relocated by the demolition company through other means or purchased on behalf of the resettler due to real estate development and other factors. Compared with ordinary commercial housing, this type of commercial housing is no different, it belongs to the private property of the resettled, there is no restriction on the transfer period, and it can be freely listed and traded.

3. Does the in-law's family move the house and the daughter-in-law have a share?

If the house is the private house of the in-law's family, the daughter-in-law is not entitled to the resettlement house, but if the demographic factor of the daughter-in-law is taken into account in the relocation, the daughter-in-law can receive certain compensation;

If the house is a public house, and the daughter-in-law has lived in the house for one year, has no house elsewhere, and the household registration is also in the house, and meets the requirements of co-residents, then the daughter-in-law is the target of relocation and resettlement in her mother-in-law's house, and she can claim the relevant interests in the relocation and resettlement.