Post marital real estate disputes, matrimonial real estate disputes

Hello, your question is answered in two steps:

First, the ownership of the house.

The house was purchased after you got married, and your parents did not explicitly say that it was for you when they paid you the down payment, so according to Article 17 of the Marriage Law, this is the joint property of your husband and wife, and if you divorce now, the house as joint property must be shared by your husband and wife.

2. How to protect your legitimate rights and interests.

According to Article 46 of the Marriage Law, "in any of the following circumstances, if a divorce is caused, the innocent party has the right to claim damages: (1) bigamy; (2) Where a spouse is cohabiting with another person; (3) Committing domestic violence; (4) Abuse and abandonment of family members. ”

In other words, if your wife does not return home after spending the night, you can find the exact situation that meets the requirements of Article 46 above, and you can file a claim with the court for compensation from the woman in the event of divorce.

In addition, you can give other evidence that led to the breakdown of your relationship between husband and wife, and it is of great benefit to you to prove that the woman is at fault, and the marital dispute depends entirely on your own ability to present evidence, and you have a better chance of winning the lawsuit if you have sufficient evidence.

First of all, you need to be able to prove that the down payment and handling fee are from your parents, such as a bank transfer slip, proof of deposit and withdrawal, etc.

Again, there must be evidence that your wife was at fault during the marriage. Remember, be sure to prove it. The law should talk about evidence.

If, you can provide the first point above, then although the house is your joint property after marriage, it will basically be divided equally between you after deducting 40% of the down payment, and then you will divide it equally between the two of you, if you prove the second point, if she is at fault, she should compensate you, and you should be able to share most of it, and she will be able to share a small part. But the exact amount of each is still up to the mistake and the judge's meaning. Not definitely.

As the guardian of the child, you can live in this house.

Sure, the guardian is to protect the property interests of the ward, how can you protect it.

1. The original pre-sale (sale) contract and payment invoice of the pre-marital purchase contract and the payment invoice should be kept as valid evidence to prove that the property is owned and must be carefully kept. If you go to court one day over a property dispute, it will be a very favorable evidence to prove that the house belongs to you.

2. Standardized management of funds for the sale of houses, remitted to an account is the most insured after the sale of the house, whether it is a deposit or a down payment and other payments, it can be entered into an account as much as possible from the next house, and try to avoid multi-account operations in one line or multiple accounts in one line, resulting in unclear funds and whereabouts, and the territory where evidence cannot be presented. For each deposit and withdrawal, keep the deposit and withdrawal receipts.

3. Try to transfer money for buying and selling transactions, generally do not use the payment of cash transfer transactions, and the information of the remitter and the receiver can be found out from the bank, and it is easy to find out when there is a dispute. However, in the case of cash transactions, it is difficult to clarify the nature of the funds** and the use of funds in the event of a dispute, and it is easy to cause disputes. The method of payment for the transfer will be kept in the bank and will be used as favorable evidence if necessary.

4. If the pre-marital real estate is retained after marriage, it is best to turn the joint repayment part of the pre-marital real estate into cash, which is the total amount of the personal pre-marital property and the joint repayment part after marriage. The joint portion of the marriage is reserved for disposal as joint property in the event of a dispute, or for expenses to be incurred with the consent of both parties, while the portion of personal property can be disposed of separately and freely.

5. If the property right is registered in the name of one person, if the money from the pre-marital real estate is used to buy the house after the marriage, the property right is registered in the name of both husband and wife, even if the purchase price is the personal property of one of the husband and wife, but because it is written in the name of both parties, the property right of the house belongs to the husband and wife, and it will naturally be divided as joint property when divorced. However, if it is registered in the name of one party, the other party cannot naturally own the right to the property. Who owns the pre-marital property, then who owns the money of the pre-marital real estate**, then it is best to register the property bought with this money in its name.

This is the wisest thing to do.

6. The loan should be in the name of one person as much as possible, and it is best not to take out a loan At present, some banks generally require both parties to sign the house after marriage before lending, even if all the funds used in the purchase of the house are all the funds of one party, the purchase contract is also registered in the name of one party, which will cause hidden dangers to one party. Since one party agrees that the other party who has not contributed capital should sign with the co-mortgagee, it can be inferred that it means that the property purchased by the party with his own capital is jointly owned, which is unfavorable to him when the dispute arises, so he should try to take out a loan in the name of one person, and it is best not to take out a loan.

According to you, the house is the joint property of the husband and wife.

The house (including loans) purchased by the husband and wife with their joint property after marriage shall belong to the joint property of the husband and wife, and in the event of divorce, it shall generally be divided equally.

If the parties file a divorce lawsuit after the bank loan has been fully repaid, the legal relationship is simpler and the property is generally divided equally. However, in today's skyrocketing housing prices, there are still a few couples who have the strength to pay the purchase price in full at one time, and most of them are buying houses by means of commercial mortgage loans. Commercial mortgage loans generally go through the steps of paying a down payment, the bank paying the remaining payment for the developer, applying for the property ownership certificate, and the owner obtaining the property title certificate from the bank after repaying all the loans.

In practice, most cases arise after the down payment is made, after the mortgage loan has been paid, and the loan has not been fully repaid. Because the owner should also repay the bank loan, before repaying the loan, although the house ownership certificate has been processed, the owner does not actually have the title deed, which is mortgaged in the hands of the bank. That is, there is also a mortgage on the property.

When dividing the mortgaged property, there are four components: the down payment, the loan has been repaid, the loan has not been repaid, and the actual appreciation of the house. In fact, the contract value of the house is the sum of the payment and the remaining loan principal and interest.

In the case of subdivision of mortgaged property, it is not possible to simply divide the contract value of the house because there is also the problem of continuing to repay the bank loan. The actual value of the house (the sum of the contract value and the appreciation of the house) minus the residual value of the outstanding bank loan is the distribution between the two parties. One of the parties acquires the property and continues to repay the loan principal and interest to the bank, while paying half of the value of the house to the other party.

If the actual value of the house is less than the sum of the down payment, the loan has been repaid, and the loan should be repaid (which rarely happens in practice), one of the parties should acquire the property and continue to repay the loan principal and interest to the bank, while the other party should pay half of the difference in the value of the house. How much you end up losing, you can calculate according to the actual investment.

I haven't registered yet. If there is no legal relationship between you without registration, the house is registered in the woman's name, and according to the Property Law, the ownership of the house belongs to the woman. If you break up, there are actually many ways to deal with it.

The husband may claim that the woman should return the money paid by the man, or he may claim that the house is joint property and request the division of the property.

If both parties have registered their names on the real estate certificate and are not yet married, and both parties have not agreed to be jointly owned, according to Article 103 of the Property Law, if the movable or immovable property jointly owned by the co-owners is not agreed to be co-owned by shares or co-ownership, or the agreement is unclear, it shall be deemed to be co-ownership by shares unless the co-owners have a family relationship. Article 104 of the Property Law: If the two parties have an agreement on the share of the jointly owned house, the agreement shall prevail, and if there is no agreement or the agreement is unclear, the amount of capital contribution shall be determined. The house shall be considered to be a joint share, and the house shall belong to the man, and the man shall compensate the woman for the loss.

The bounty counts.

It is not a question of how much is lost, but of the evidence.

Whose money is given to whom, there is nothing to say about that

Judicial Interpretation III of the Marriage Law:

Article 7 : Where immovable property purchased by one of the parents for their children after marriage is registered in the name of the investor's children, it may be regarded as a gift to only one of their children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the husband and wife.

Therefore, the property belongs to the man.

The repayment part and the corresponding appreciation part belong to the joint property (although the man's provident fund is used, it is still regarded as joint property).

The man should compensate the woman half of the value.

Why do you always think about divorce! Why not think on the bright side.

Buying a house during marriage is considered joint property.

The debt is a joint debt that both parties are jointly liable for. The house does not have a title deed and is not protected by law and can be compensated at a discounted price. For more information, please contact us.

The house is an illegal building and should be demolished; The debt is a joint debt of the husband and wife, which is repaid jointly by both parties.

The house is shared, and the debts are repaid by everyone.

This house does not have the title certificate of your husband and wife, and you can only divide the property that belongs to your husband and wife.

Building a house is all about borrowing, and you borrowed it from your mother's house alone, and if you can prove it, you should ask the property owner to repay it as a debt.

In this case, there is no need to notarize, and it is useless. There must be a divorce agreement for divorce, which is clearly written in the divorce agreement, and it can be filed when the divorce is registered with the civil affairs department.

Even with the consent of the lending bank, before the loan is repaid, the transfer of ownership and change of the lender can also be made, of course, the woman must be determined by the bank to have the ability to repay the loan, it is recommended to go directly to the lending bank to inquire and verify.

1. You have made an agreement on the ownership of the property, and the agreement is protected by law. Since the registered property owner is the man, the man's cooperation is definitely required when the property right is changed and transferred.

2. If the husband takes advantage of the fact that the property rights have not been changed after the divorce and sells the house without your consent, he will be liable for tort compensation to you, and you can sue the man for compensation for all actual economic losses, including mortgage loans.

The rights and interests of the woman can be protected, and if the husband does not agree to the transfer of ownership in the future, he can file a lawsuit with the court to require the man to continue to perform the obligations agreed in the agreement.

You can protect the woman, but you can't bind the man to make sure he doesn't sell to anyone else for 5 years.

A property division agreement reached by mutual agreement between the two parties is valid and should be protected by law in accordance with the law, as long as you both agree to divorce after the divorce, you can dispose of your share of the property, without the consent of the other party, and there is no time limit.

It is recommended that you notarize the divorce agreement at a notary public first. Then, it is best to make a clear agreement in the divorce agreement as to who will pay the mortgage.

1. E has the right to inherit the share of the property in the name of A. It should be put into a house that A and B purchased after marriage, and it is the joint property of the husband and wife. A does not have the right to transfer the property without B's consent.

2. If both parties divorce, B shall enjoy one-half of the property rights.

3. The housing reform approval form, payment voucher, and real estate certificate can all prove the purchase after marriage.

1. E has the right to inherit and is divorced. It's still his daughter. Parents, children, and spouses are the first-order heirs. Of course it can be inherited.

The house bought after remarriage belongs to the joint property of the husband and wife, and A should obtain B's consent to sell the house, but there is only A's name on the property right certificate, and the buyer has been A alone for the house, and if the house is bought and transferred, the buyer obtains the property right of the house.

3. In the case of divorce, it is appropriate for the woman to get half of the property.

3. Proof that the house was bought during the marriage.

Buying a house after remarriage, regardless of the name of one party or both parties written on the property ownership certificate, is the joint property of the husband and wife, and there should be 1 2 of the house, and your husband's half should be jointly inherited by E, B, and C, that is to say, each person has the right to inherit 1 3.

A does not have the right to transfer the property without B's consent, but if it has been sold, you can only ask A for your share back. Article 47: At the time of divorce, where one party conceals, transfers, sells, or destroys the property jointly owned by the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies debts may receive a smaller share or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

If the other party buys the house jointly owned by the husband and wife without the consent of the other party**, and the third party purchases it in good faith, pays a reasonable consideration and goes through the property rights registration formalities, and the other party claims to recover the house, the people's court will not support it.

Where one of the husband and wife disposes of the jointly owned house without authorization, causing losses to the other party, and the other party requests compensation for the losses at the time of divorce, the people's court shall support it.