How to divide a house divorce without a real estate certificate?

The house does not have a real estate certificate, the husband and wife only enjoy the right to possess, use, limited income and disposal of the house, if you want to confirm the right or divorce division, it will inevitably involve the market evaluation of the house, and when the two parties do not agree to negotiate, it also involves a series of issues such as bidding and auction, which should consider a certain percentage of the ownership of the house enjoyed by the original selling unit.

The people's court should not make a judgment on the ownership and division of a house in which the husband and wife only enjoy partial ownership, and in the event that the parties disagree through consultation, and may only make a judgment on the residence and use of the house.

For the party who has been allocated a "partial property right" house, it should generally be compensated by half of the value of the other party according to the proportion of the property rights of the house obtained and the standard price of the same type of housing announced by the local ** relevant departments at the time of divorce. If both husband and wife claim "partial property rights" of the house, they may be resolved by bidding with the consent of both parties.

Legal basis

According to the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of ChinaArticle 21: Where the parties have a dispute over a house that has not yet been acquired or has not yet obtained full ownership at the time of divorce and the negotiation fails, 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 on the basis of 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.

1. If the real estate certificate is not obtained at the time of divorce, the court will not deal with the property at the time of divorce judgment.

According to the current situation, most of the people who have not obtained the real estate certificate at the time of divorce are because the house is still being repaid, so they have not yet obtained the real estate certificate. In this case, if you want to divide the property at the time of divorce, whether one of the spouses has paid part of the house price before the marriage and repaid the loan jointly after the marriage, or if one of the spouses uses personal property to repay the loan, as long as the property has not yet obtained the property ownership certificate, the court will not deal with the property at the time of the divorce judgment.

2. After the divorce, the parties can file a separate lawsuit with the court after formally obtaining the real estate certificate.

Although the court does not deal with the house without the title deed, it does not really care, as long as the house in the loan officially obtains the title deed, it can be sued separately to determine the division. Therefore, the parties can live with peace of mind before obtaining the house book, and determine the specific division after obtaining the house book.

3. Note that the real estate court will also not deal with the real estate with the name of the third person on the real estate certificate at the time of the divorce judgment. In practice, the court generally does not take the initiative to add the third party to the person, so the following measures will be taken when conducting divorce proceedings:

1) According to the application of the parties, the division of the property of the house part shall not be heard, and the parties shall file a separate lawsuit;

2) According to the application of the parties, the trial of the case shall be suspended, and the parties shall be told to file a separate lawsuit for property dissolution, and then the house jointly owned by the husband and wife shall be divided according to the judgment of the lawsuit for property dissolution.

2. How to divide the property of the husband and wife after divorce.

The joint property of the husband and wife shall generally be divided equally.

In other words, the joint property of the husband and wife is, in principle, divided equally; According to the actual needs of production and life and the actual needs of property, the specific treatment can also be different. Items that belong to the exclusive use of the individual are generally owned by the individual. If one party operates in partnership with another party with the joint property of the husband and wife, the property may be owned by one party, and the party who receives the property shall compensate the other party equal to half of the value of the property.

Legal basis: Article 10 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 paying 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.

In principle, the joint property of the husband and wife shall be divided equally; According to the actual needs of production and life and the actual needs of property, the specific treatment can also be different. Items that belong to the exclusive use of the individual are generally owned by the individual. If one party operates in partnership with another party with the joint property of the husband and wife, the property may be owned by one party, and the party who receives the property shall compensate the other party equal to half of the value of the property.

1. The husband and wife cannot claim the division of property without the real estate certificate at the time of divorce. However, if the two parties cannot reach an agreement on the residential use of the house and the ownership of the house after obtaining the real estate certificate, the people's court may, on the basis of the actual situation, make a judgment on which party should live and use the house with reference to the principle of the party taking care of the children and the party who is not at fault, and cannot make a judgment on the ownership of the house.

2. Legal basis: Article 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 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.

2. Who will give the children after the divorce and how to judge.

After the divorce, the custody of the children shall be determined by the parties through consultation, and if the two parties fail to reach an agreement, the court will generally make a judgment in accordance with the principle of the best interests of the minor children according to the specific circumstances of both parties. Children under the age of two years are raised directly by their mothers. Where children have reached the age of 8, their true wishes shall be respected.

After divorce, parents still have the right and obligation to raise, educate and protect their children. After divorce, if the parents of a child who has reached the age of two cannot reach an agreement on the issue of custody, the people's court shall make a judgment in accordance with the principle of the best interests of the minor child on the basis of the specific circumstances of both parties. Where children have reached the age of 8, their true wishes shall be respected.

Legal analysis: If there is a dispute between the two parties in the divorce division of the house without a property right certificate and the negotiation fails, the people's court shall make a judgment that the parties shall use it according to the actual situation, and inform the parties to file a separate lawsuit after the house has obtained full ownership, and not directly make a judgment on the ownership of the house.

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) 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 1076 of the Civil Code: Where a 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.

Answer: A house built by oneself during the existence of the marriage relationship is the joint property of the husband and wife; 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 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, the woman and the innocent party. If it is not built during the marriage, it is the personal property of one of the parties.

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.