Is there anyone who understands the issues of real estate disputes? Please point it with a high fing

1. Be very sympathetic to your family's circumstances. Now the property is mortgaged to the bank, and once the bank sues, the court will seize the auctioned property and repay the bank's loan.

2 You can only sue the boss for breach of contract to compensate your home for damages.

3 Immediately find the property that the other party can enforce and sue to assert that the other party bears the liability for breach of contract.

The problem is very simple, the court can order the plaintiff to complain, and the defendant to perform the contractual obligations, but there are big problems in the implementation, first of all, according to the contract, you paid 100,000 yuan, but the house has not been registered. The defendant has breached the agreement, and according to the offer, compensates for liquidated damages, and transfers the house, or gives you the price of the house at the same ** appraisal price now. However, the house is mortgaged to the bank, the first thing is to repay the loan, and the boss's own assets have been transferred, and when you filed for bankruptcy, you did not raise the creditor-debtor relationship, and the execution of bankruptcy did not have your share.

Now if you can't pay off the loan, the court will execute the auction of the house to protect the interests of creditors, you belong to the small creditor, the bank is a big creditor, there is priority, it is a very troublesome thing. There is only a judgment, but the final result cannot be enforced.

First of all, it should be explained that the transfer of real rights of real estate is marked by registration, and you have not registered the transfer, so in order to realize the transfer of real rights, the ownership of the house still belongs to the boss.

Second, you and the boss have entered into a contract for the sale and purchase of the house, and you have already paid, so he should transfer the house to you. But now because of the boss's reasons, the actual failure to perform the contract should be caused, and he has breached the contract, and you can hold him liable for breach of contract.

Third, you can ask him to return 100,000 yuan according to the Contract Law, and if you fail to repay it within the time limit, you can recover the principal and pay interest according to the bank interest rate according to the Opinions on Several Issues Concerning the General Principles of the Civil Law.

Real estate disputes can be resolved through negotiation, mediation, arbitration, administrative and litigation.

1) Negotiate a settlement.

2) Mediation settlement. Mediation refers to a way for the buyer and seller of a house purchase dispute to reach a settlement agreement in accordance with the provisions of the laws and regulations and policies related to the sale of commercial housing in accordance with the provisions of the laws and regulations and policies on the sale of commercial housing according to the application of one of the parties, under the auspices of the real estate management department, consumer association or other organizational departments, through persuasion and education, so that the house purchase dispute can be resolved in a timely manner.

3) Arbitration Settlement. Arbitration, also known as arbitration, refers to the agreement reached between the buyer and the seller before or after the dispute arises, and voluntarily submits the dispute to the arbitration authority to make a binding award on all parties in accordance with national laws, regulations and local administrative rules and regulations. Arbitration is not subject to the interference of administrative organs, social groups or individuals, and there is no subordinate relationship between the arbitration commission and the administrative organs.

Once the arbitral award is made, it has legal effect and the arbitral award is final, and there is no question of appeal by the parties. In order to resolve a dispute by arbitration, the home buyer and the developer must enter into an arbitration agreement and voluntarily submit the dispute to arbitration. If one of the parties is unwilling to submit the dispute to arbitration, then the dispute cannot be resolved in this way.

4) Administrative settlement. The administrative settlement of the purchase dispute refers to the dispute in which the parties repented after the mediation of the real estate management authority and other departments where the commercial housing is located is invalid or an agreement is reached, or the parties to the purchase dispute directly complain to the administrative department, and the administrative department will deal with the dispute. In terms of methods, administrative settlement generally goes through two stages: first-level administrative decision and administrative reconsideration.

Among them, the first-level administrative decision is the premise and necessary procedure for administrative reconsideration. Administrative reconsideration of real estate cases, including disputes over the purchase of houses, shall be carried out in accordance with the provisions of the Administrative Reconsideration Law.

5) Litigation Resolution. Litigation resolution of housing purchase disputes is a way for the people's courts to resolve housing purchase disputes with the joint participation of the parties to the dispute and other litigation participants. There are two types of housing dispute litigation: civil litigation and administrative litigation.

The parties to the civil lawsuit are equal civil subjects in the case of a house purchase dispute, that is, a citizen, a legal person or an unincorporated organization, and the civil lawsuit for a house purchase dispute shall be heard by the civil division of the people's court (some local people's courts have a special real estate court) in accordance with the provisions of the Civil Procedure Law.

1.Last month, I went through all the transfer procedures in my own name.

If so, and if they are all in your personal name and not in the woman's name, then after the transfer, the house is owned by you personally, and the woman has no right to divide it.

2.I've signed the agreement.

If an agreement is signed but the woman is not actually asked to repay the loan, then it will not be divided according to the proportion of capital contribution. All you have to do is refuse and pay off the mortgage on your own, and the house will remain your personal property.

However, if you refuse to agree on the agreement, you may be suspected of breach of contract, so it can only be said that breach of contract is to compensate for losses, the earlier the breach of contract, the smaller the loss, the lower the cost of breach of contract.

3.I would like to ask about the property dispute in the future. How to divide.

Now the property is yours to own, but if you accept the agreement, it will be divided according to the proportion of your contribution, and if you can pay the mortgage independently, then the property will of course be your own.

If you reject the agreement, the woman cannot claim ownership of the house for breach of the agreement, because the purchase contract to the deed are yours and not shared by you and the woman. At most, the woman can only claim liquidated damages, but in this case, there is almost no compensation.

4.50,000 yuan has been borrowed from them from the beginning! And they have already been returned.

Whether it is borrowed or repaid, there needs to be relevant receipt evidence. If you issue an IOU when you borrow and do not return the IOU or the other party does not pay the receipt, then you need to pay off 50,000 yuan again if the other party defaults on the debt and you have no evidence to prove it.

In the present case, it is advisable to repay the loan independently in order to put an end to the dispute.

Hope it helps, good luck!

It is divided according to the proportion of their respective capital contributions.

One way is for one party to pay for the house and buy out the house to the other party in proportion to the other way, and the other way is to sell the house, and the proceeds are divided according to the proportion of capital contribution, and finally if both parties want the house, then bid.

If 50,000 yuan has been repaid, there should be proof of repayment, and you should divide it more when you divide it then. I don't know what happened if I didn't repay the loan together? If you plan to repay the loan by yourself, you should also keep the evidence of your own repayment every time, so that if there is sufficient evidence, the property will generally be owned by you.

Of course, if you are married to her, it is different, that is, if you do not pay the house in full before the marriage, then the property will automatically become the joint property of the husband and wife and be divided. Unless you have a prenuptial property justice agreement.

Signing the agreement indicates that you agree that the two parties will jointly purchase the house, which is generally divided in half, and the investment of both parties will be considered.

In the case you said, there is a good chance of equal distribution.

Lawyer Liu Zhaoyan.

Dude, you are too careless, if you are deceived, don't ask anything else, go directly to your local area to find a senior lawyer to sue, and the sooner this kind of thing is, the better, the later the more unclear, the litigation costs, lawyer fees, etc. will be borne by the time of the defeat, and you yourself are busy in vain asking here. I studied law, but in a responsible attitude I don't give you ideas, after all, now a house is a debt for decades, think about it, pay attention to all evidence retention, if necessary, it is okay to record audio recordings, of course, it may not be used as evidence, but it is still good to scare people outside the court.

It will be divided according to the proportion of their respective contributions.

It is divided according to the proportion of their respective capital contributions.