On the question of the property in the event of a divorce

The house is a joint property, as the ownership of the house is subject to registration. As for the purchase price, it involves the issue of debt or gift, if there is no dispute between the husband and wife, it is a joint debt to be repaid; If there is a dispute between the spouses, one party may consider it a gift, and the court will make a judgment. According to the actual situation, joint debts are generally recognized, because the gift must have a clear expression of intent.

The property acquired by one party during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, and are generally half of the same person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court.

Your parents' because your parents are doing the down payment and the mortgage repayment, and it's best to show that your parents have been making the payments and the down payments.

First, the house should be yours, but you must have enough evidence to prove that the "down payment" on the property was made by your parents, and that the mortgage was "full" repaid by your parents. Otherwise, it can only be claimed that the husband and wife are co-authored.

Second, the main focus of a lawsuit is evidence.

Third, it is best for the husband and wife to negotiate a settlement.

It deserves to be the parents. If the parents are the plaintiffs in the lawsuit, you and your husband are the defendants and demand restitution.

According to Article 7 of the Supreme People's Court's Interpretation (III) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China.

If the immovable property purchased by one of the parents for the child after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of the 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 spouses.

As long as there is proof that your parents contributed to the purchase of the house, and it can be confirmed that your parents gave it to you, even if the property is written in the names of two people, it is still your personal property.

1. The name of the real estate certificate is not in a hurry to change, you can keep the voucher and write your name in the later repayment process.

You have your divorce agreement in hand, and the divorce has been registered, and the later repayment of the loan is a personal investment, and if your ex-wife regrets it in the future, she will not have the right to divide the property in the lawsuit.

2. If the property in the mortgage state is to be changed and registered, it must be approved by the bank, and it is estimated that the loan repayment contract will have to be re-signed, because one of the obligors in the original loan repayment contract has withdrawn, resulting in the change of the contract. Banks are unlikely to agree to the risk of loan repayment.

3. If the bank agrees, you and your ex-wife can bring all the relevant materials to change the registration, and you still have to ask the housing management office for specific matters.

The two of you go to the real estate bureau together, take the divorce agreement and divorce certificate to the real estate bureau, and go through the formalities. Just change the name on the property registration certificate. It would be better if you could get the real estate certificate from the bank, and then mortgage the renamed real estate certificate to the bank.

Don't think about it, I think it's a miracle that you can take the house. The introduction of the new marriage law also means that if the pre-marital property is owned by one of the husband and wife, the property still belongs to the owner after the divorce, and you are obviously the joint property of the husband and wife to repay the loan, why didn't your ex-wife share the house with you?

Negotiate with the bank to obtain the bank's consent first, and then both parties go to the transfer together.

If the house is purchased during your marriage, even if the other family pays for it, it should be regarded as a gift to your husband and wife, the house should be the joint property of your husband and wife, and your property agreement at the time of divorce should be protected by law.

Your question should first clarify the following questions:

1. Who is the right holder on the real estate certificate, if it is an ex-husband, it depends on whether you have registered your marriage when you buy a house, if you register your marriage, the down payment is the joint property of the husband and wife, because it is a gift from the elders to the younger generations, if it is not clearly stated that it is a gift to the man, it should be regarded as a gift to both husband and wife, and if the marriage is not registered, it is the personal property of the other party. If the right holder on the real estate deed is in the name of the two of you, then the down payment bought before or after marriage is joint property, which is a gift from his family to you.

2. You say that "the divorce agreement states: the property belongs to you", then whether you have now taken the divorce agreement to handle the divorce procedures, if you have gone through the formalities and received the divorce certificate, then it is deemed that both parties have effectively divided the joint property of the husband and wife during the marriage, and neither party can regret it, if the other party is unwilling to assist you in transferring the property, you can require the other party to perform the corresponding obligations through litigation.

To sum up, if you want to clarify this matter, you can't make a clear judgment just from the materials you provide, thank you!

It's hard to explain this clearly, his family said that it was borrowed, so he had to take out an IOU, and it must be written that the reason for borrowing money was to pay the down payment for the house, otherwise it would be untenable and self-defeating.

Less likely.

The above floors are all the ways to resolve disputes over the division of houses with ownership in China's Marriage Law and its interpretations, but they are not suitable for the situation you are talking about.

You first said that the owner of the house was your father, and then you said that it was a rented house.

According to what you said, I think this house should be a non-commercial house left over from the era of planned economy, although the property rights do not belong to your father, but the qualification of the tenant of the house should be your father's. So neither of your parents has the right to the house, but your father has the right to use it. Therefore, your mother cannot ask your father to vacate the house because it has nothing to do with your mother.

However, if your mother has difficulty living after the divorce or has no place to live, she can ask your father to meet the post-divorce financial compensation obligations. (Article 27 of the Interpretation of the Marriage Law (1)).

Article 19 of 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 China stipulates that a house rented by one party before marriage and purchased with joint property after marriage shall be deemed to be the joint property of the husband and wife if the house ownership certificate is registered in the name of one party.

The house you are talking about belongs to the joint property of your parents, not just your father.

Article 20: When the two parties are unable to reach an agreement on the value and ownership of the house in the joint property of the husband and wife, the people's court shall handle it separately according to the following circumstances:

1) If both parties claim the ownership of the house and agree to obtain it through bidding, it shall be permitted;

2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party that obtains the ownership of the house shall give the other party corresponding compensation;

3) If neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties, and the proceeds shall be divided.

If the house was justified before your parents got married, and it is proved that it belongs to your father, it can only belong to your father, otherwise, it is a joint marriage, and your father can of course claim cash payment if he refuses to give up the house.

Yes, it must be half of a person, no matter what the house is.

Before marriage, that is to say, the down payment and loan repayment before August 6, 09 are your personal property, that is, after the marriage is registered on August 6, all loan repayments are joint property of the husband and wife, regardless of who pays the money, and whether you live together or not. As long as the people who go to the civil ** to register, they are considered legal couples, and they are subject to the restrictions and protection of the Marriage Law.

When you get divorced, you should agree on the ownership of the property and the financial compensation, you can negotiate with the other party, explain that the loan will be repaid by you alone, and you can persuade the other party to ask for less or no compensation, but I think you used the other party's provident fund when you applied for the loan, so it is reasonable to give the other party some compensation, but the property is still yours.

You agree to go to the bank to change the procedures. After the divorce, she can also use the provident fund loan, but since she has a bank loan record, she may not be able to enjoy the discount for buying a house, and the down payment may also reach 50%, so you should also compensate her for this.