If the husband and wife divorce and the house is half of the house, can the woman live in the origin

If the husband and wife divorce, the house is half of a person, then there must be several options, for example, the house belongs to the woman, but the woman gives half of the price of the house to the man, or the house belongs to the man, and then the man gives half of the house to the woman, or if both people live in this house, they are separated and live in reality first, so if in this case, the woman remarries, if she wants to live in the original house, it is a bit unreasonable, right? Because after all, this house is jointly owned by the south, and if you bring a man home at this time, it will be a bit unethical, so it's better not to be like this, if you want to do this, it's better to be two people, even if you let your ex-husband give you half of the house payment, and then go outside to rent a house, or if the woman remarries, you can go to the remarried husband's house, not necessarily in this place.

It stands to reason that you can, but your ex-husband is still living in the house, do you think it's okay? The house is half for one person, and if you want to remarry and live in the house, you can negotiate with your ex-husband and you buy the house.

Yes, because the house said at the time that one person and half of the property were owned by the woman, and the woman could live in her share of the property.

Of course. As long as you can tolerate this embarrassment.

After all, they are all divorced people, although you remarry, and then you live together, there is always a subtle trace of that kind of emotion and change in it when you meet every day, in fact, this is the most embarrassing thing.

Especially your husband, sometimes he doesn't want to face each other when he sees each other.

If the husband and wife divorce and the house is half of the person, and the woman remarries and wants to live in the original house, she must discuss it with her ex-husband and see if the ex-husband agrees! If you don't agree, you don't live there, and you have to buy the money you gave to your ex-husband, and the house belongs to you, so it's okay to live if you want to.

Just live in her own house.

Hello, according to your problem description, the house bought before marriage will be divided according to different circumstances after divorce. 1. Before marriage, one of the husband and wife buys a house with personal property and takes out a mortgage loan, and only the name of one party is registered in the real estate certificate before marriage, and both parties repay the loan jointly after marriage. In this case, the house is the personal property of one of the parties, and the other party is not entitled to claim division in the event of divorce.

However, the spouse who participates in the joint repayment of the loan has the right to demand that the other party return the part of the loan repayment that he or she has undertaken. 2. One of the husband and wife buys a house with personal property and takes out a mortgage loan before marriage, and both parties jointly repay the loan after marriage and obtain the real estate certificate after marriage. In this case, the house is the personal property of one party before the marriage and will not be divided in the event of divorce, which is basically the same as in the first case above.

3. The husband and wife purchase a house with common property and mortgage loan before marriage, repay the loan jointly after marriage, obtain the real estate certificate before marriage and the real estate certificate is registered in the name of one party. Because China implements a registered ownership system for houses, this situation is easy to be recognized as the property of the registered party. When the unregistered party claims that the house is joint property, he or she must prove that he or she has fulfilled the obligation to contribute capital to the house before the marriage; Second, it is necessary to prove that both parties recognized the purchased house as jointly owned before the marriage, and the capital contribution was made under this premise.

If no evidence can be provided, the property will be considered a registered party. 4. One of the parents of the husband and wife participated in the purchase before marriage and obtained the real estate certificate after marriage. According to the relevant laws and regulations, if the parents contribute to the purchase of a house for both parties before marriage, the contribution shall be deemed to be a personal gift to their children, unless the parents expressly express the gift to both parties.

Therefore, if the parents contribute to the purchase of a house before marriage, in addition to the express gift to the husband and wife, it should be recognized as a gift to their own children, and it will not be divided in the event of divorce. [Legal basis].

Article 1062 of the Civil Code The following property acquired by 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; (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 husband and wife: (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 real estate purchased before marriage can be proved to be purchased in full by the individual alone, it is personal property, and the property divided by divorce is still personal property and does not participate in the division.

If the mortgage loan purchased before marriage buys a house, and the husband and wife jointly bear the repayment obligation after marriage, then it is more troublesome, after deducting the down payment first, the remaining part will be divided by one person and half.

Pre-marital property belongs to the individual and will not be half of the person.

Hello, is it through a divorce agreement to give the house to the man in the divorce? If the parties agree on the disposition of the house through an agreement and register the divorce through the marriage registration authority, it is almost impossible to get the house back. If the divorce is through litigation, and the court of first instance awards the house to the man, we need to check whether there is any error in the facts determined by the court of first instance and the applicable law, so we need you to know the specific details such as the time of purchase of the house and the way of capital contribution of both parties, so as to fight for your legitimate rights and interests in the second instance litigation.

[Relevant Laws].

Article 1076 of the Civil Code provides that if 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 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt handling, they shall register and issue a divorce certificate.

Article 164 of the Civil Procedure Law: Where a party is dissatisfied with the first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served.

Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

Article 165:An appeal petition shall be submitted. The content of the appeal petition shall include the names of the parties, the names of the legal persons and their legally-designated representatives, or the names of other organizations and their principal responsible persons; the name of the original people's court, the case number, and the cause of action; Request and grounds for appeal.

Article 166:The appeal petition shall be submitted through the original people's court, and copies shall be submitted in accordance with the number of opposing parties or representatives.

Where parties directly appeal to the second-instance trial court, the second-instance trial court shall transfer the appeal petition to the original people's court within 5 days.

If your divorce agreement is handled in the ** department, the Civil Affairs Bureau. And it was also clearly written, the house belongs to the man. It is impossible to reverse it afterwards. Because it has the force of law.

Summary. Hello dear and happy to answer your <>

The two divorced and bought a house, and they don't need to pay back half of the woman's half when they get married, from a legal point of view: which party funded the purchase of the house at the time of divorce, then it is determined that the house belongs to which party. Remarriage is already regarded as a new marital relationship, and the house purchased at the time of divorce is regarded as the personal property of the party before the remarriage, and is not regarded as the joint property of the husband and wife after the remarriage.

Of course, if the husband and wife agree to be joint property, it is also valid, that is, the agreement is free.

The two divorced, bought a house, and got married, do you pay back half of my woman?

Hello dear and happy to answer your <>

The two divorced and bought a house, and they don't need to pay back half of the woman's half when they get married, from a legal point of view: which party funded the purchase of the house at the time of divorce, then it is determined that the house belongs to which party. Remarriage is already regarded as a new marital relationship, and the house purchased at the time of divorce is regarded as the personal property of the party before the remarriage, and is not regarded as the joint property of the husband and wife after the remarriage.

Of course, if the husband and wife agree to be joint property, it is also valid, that is, the agreement is free.

Legal basis: According to Article 30 of the Judicial Interpretation of the Marriage Law, if one of the husband and wife signs a contract for the sale and purchase of real estate 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 real estate is registered in the name of the party who paid the down payment, the real estate 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.

Hello, tell me about the specific situation.

Legal Analysis:1The house bought after marriage, under the premise that there is no special written agreement in advance, regardless of which party the registrant of the real estate certificate is the husband and wife, it is a joint property obtained after marriage, 2

In the event of a divorce, both parties need to agree on the division and distribution. If no consensus is reached, it can be resolved by litigation.

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

Many couples will decide to divorce after not being able to continue to live together, divorce is not a thing that should be criticized or treated with colored glasses, although some people will put the privacy of divorced couples, but the parties can not take these words to heart, because the more important thing to deal with in divorce is the distribution of property, so some people want to know how to deal with half of the house after divorce, and can the joint house not be dealt with after divorce?

If you want to have half of the house after the divorce, there are several ways, the first way is that if the husband and wife still live together and are not separated, you can go to the real estate registration department to add the name of the other party to the real estate certificate.

The second method is that if the husband and wife do not live together and have separated, both parties can sit down calmly and negotiate, and if the result of the negotiation is half of the person, a written agreement on the distribution of divorce property can be signed, and the result of the negotiation is that if one person lives together, it is necessary to give the other party a certain amount of economic compensation for the person who does not live in the house.

It is okay not to deal with the joint house after the divorce, because as long as the husband and wife negotiate the joint property between the husband and wife, and the husband and wife agree, everyone can negotiate the handling of the joint house after the divorce, and if the negotiation fails, you can ask the court for help in dividing the property.

Many people may have doubts about the distribution of property after divorce, and it is recommended that you can consult with a legal service consultant when you have doubts, so as not to deal with property in a daze and damage your own interests of Liang or Sui.