Nowadays, the divorce rate is also rising year by year. Among the most important property division in divorce events, there are the most cases of real estate division disputes. In fact, there are certain principles for the division of real estate after divorce. It is not possible for us to do anything at will. So, Xiaobian, let's say, divorce and real estate division? Who owns the property right?
Divorce property division?
Under different circumstances, the results of real estate division will be different. According to the provisions of the new marriage law, real estate division mainly includes the following situations:
1. If the house property is purchased by one of the husband and wife before marriage and only registered in his own name, the house property only belongs to the buyer's personal property and will not be divided when the two parties divorce. If the house property is purchased by the husband and wife before marriage, the part of the house property generated after marriage also belongs to the personal property, which has nothing to do with the spouse. The two parties will not be divided when they divorce.
2. If one of the husband and wife purchases his own property before marriage and sells the property without authorization after marriage, the other party has no right to recover the property.
3. If the parents of one of the husband and wife purchased a house property for the two before marriage, but only registered in the name of their children, the house property will only belong to personal property and will not be divided at the time of divorce.
4. If one of the husband and wife purchased a house property by mortgage before marriage and registered it in his own name, but his spouse participated in the loan repayment after marriage, the party owning the house property at the time of divorce shall compensate the other party for the loan repayment.
5. After marriage, if the husband and wife use their common property to buy the housing reform house of one of their parents, the property belongs to one of their personal property after divorce and will not be divided.
Who owns the property right?
1. Article of the law stipulates that the house bought by one parent for his or her children belongs to the child's personal property, not the joint property of husband and wife. The law also stipulates that the property owned by one of the husband and wife shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship. In other words, the premarital property of one party is the property of the husband and wife.
2. If one of the husband and wife has paid off all the house money before marriage and obtained the house property certificate, the house is undoubtedly pre marital property, and the house purchased by one party with personal property after marriage also belongs to one party's property. Article of the law stipulates that if the property right of the real estate purchased by the parents for their children after marriage is registered in the name of the investor's children, it shall be regarded as a gift only to one of their children, and the real estate shall be recognized as the personal property of one of the husband and wife. If the property right of a real estate purchased with the contribution of both parents is registered in the name of one party's children, the real estate shall be recognized as held by both parties according to their respective parents' share of capital contribution, unless otherwise agreed by the parties.
3. In addition, there are common situations. Article of the law stipulates that 'the property acquired by husband and wife during the duration of their marital relationship shall be jointly owned by husband and wife'. As long as the husband and wife have not clearly agreed in advance that the property right belongs to one of them, no matter which party the buyer or property right owner is on the house purchase contract or house property right certificate, no matter whether the co owner is specified on the house purchase contract or house property right certificate, and no matter how much the investment share of the husband and wife's two rooms is, the property belongs to both husband and wife.