Can the property be divided at the time of divorce, and is the property divided at the time of divor

Indivisible properties mainly include the following situations:

1. Buy a house with someone else's identity.

The Property Law stipulates that the ownership of the house is determined by the right holder registered on the real estate certificate, so although the purchase of a house as another person may have obtained some benefits at that time, it will directly lead to the inseparability of the house in the event of a divorce dispute.

2. Buying a second-hand house without transferring.

In the division of property in divorce, if the parties fail to reach an agreement on the division of a second-hand house that has not gone through the transfer procedures, the court will not divide the property because the property rights of the house involve an outsider.

3. The gift and inheritance have not been transferred.

The estate has not been distributed after the death of one of the spouses' parents, and the owner of the house has not changed. In such a case, the other party will not be able to protect the rights and interests to which they are entitled.

4. There is only the right to use but no ownership.

Houses with only the right of use and no ownership generally refer to rented public housing, including both directly managed public housing and self-managed public housing. For directly managed public housing, both husband and wife have equal right to lease; For self-managed public housing, from the perspective of housing resource management, the property right unit often only restricts the employees of the unit to have the right to rent, and various restrictions will be imposed on the period of use.

Legal basis: According to Article 39 of the Marriage Law, in the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the 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 and the woman. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

The question of how to divide the divorced property is definitely the top priority after the divorce, so how to divide it specifically? What does the law say about this? Let's listen to Lu Lu's explanation.

Legal Analysis: Not all properties can be divided in the event of divorce. The house cannot be divided in the following cases:

1.use the rest of his brother's life to buy a house; 2.Buying a second-hand house without transferring ownership; 3. Gifted, inherited but not transferred; 4. Only the right to use but not ownership; 5.

Buying a house in the name of a child; 6.Self-built houses have not been approved.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China provides that in the event of divorce, the joint property of the husband and wife shall be disposed of by both parties in agreement; 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.

Legal analysis: The real estate is divided when the husband and wife divorce, and the principles of division are generally as follows: 1. If the real estate is registered in the names of both parties, the two parties can agree or choose to file a lawsuit with the court to obtain the ownership of the real estate; 2. If the property is registered in the name of one party, the court will tend to award the property to the registered party, and the party who changes the wheel will give the other party corresponding compensation.

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 mutual agreement; 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 operation of family land shall be protected in accordance with law.

Legal analysis: In the case of divorce, the parties agree not to divide the real estate, so the real estate can be taken for the first time and not disposed of. If one of the parties does not agree, the property still needs to be divided.

Legal basis: Civil Code of the People's Republic of China Article 1087 In the event of divorce, if the joint property of the husband and wife is disposed of by agreement between the two parties and cannot be agreed, the people's court shall 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 operation of family land shall be protected in accordance with law.

Legal analysis: In the event of a divorce, the parties agree not to divide the real estate, so the real estate can be disposed of. If one of the parties disagrees, the property still needs to be divided.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, if the joint property of the husband and wife is to be disposed of by agreement between the two parties and cannot be reached, the people's court shall 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 the husband or wife in the contracting and management of family land shall be protected in accordance with law.