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How to divide the divorce property in the new marriage law? Provisions on real estate division in th

Marriage law is something every couple should know before they get married. It can not only guarantee their own rights and interests, but also treat some problems more fairly. Is it true that after divorce, there is going to be a clean family? Let's have a look.

According to the new marriage law of 2019, the division of real estate is as follows:

(1) The new marriage law stipulates that if one party donates the other party's real estate, how can the divorced real estate be divided?

Article 6 of judicial interpretation 3 of the marriage law, if before marriage or during the duration of the marriage relationship, the parties agree to donate the house property owned by one party to the other party, and the donator revokes the gift before the registration of the change of the donated house property, and the other party requests the order to continue to perform, the people's court may deal with it in accordance with Article 186 of the contract law.

At this time, if one party donates the other party's property, even if they have been married for many years, as long as the property has not been transferred, the donating party can also cancel the gift. At the time of divorce, the property still belongs to the donating party and will not be divided.

(2) According to the new marriage law, how can the divorced property be divided when one parent pays for the house?

Article 7 of judicial interpretation 3 of the marriage law, if the property right of the real estate purchased by one parent for his or her children after marriage is registered in the name of the investor's children, it can be regarded as a gift only to one of his or her own children according to the provisions of item 3 of Article 18 of the marriage law, and the real estate shall be recognized as the personal property of one of the husband and wife.

At this time, the property right registered in the name of one's own children is a gift to one's own children, which has no relationship with the other party during the storage period of the marriage relationship. It is the personal property of one of the husband and wife at the time of divorce and will not be divided.

(3) According to the new marriage law, if you buy a house in the name of your parents, how can the property be divided?

Article 12 of judicial interpretation 3 of the marriage law, during the existence of the marriage relationship, if both parties use the joint property of the husband and wife to purchase the house in the name of one parent's participating in the housing reform, and the property right is registered in the name of one parent's name, and the other party claims to divide the house according to the joint property of the husband and wife at the time of divorce, the people's court will not support it. The capital contribution at the time of purchase of the house may be treated as a creditor's right.

At this time, both parties use their common property to buy a house in the name of their parents. If the property right is registered in the name of one of their parents, the property right of the house belongs to their parents. At the time of divorce, it does not belong to the property of the husband and wife, and can not be divided. It can only be counted as the debt claim to repay the capital contribution according to the situation of capital contribution.

(4) According to the new marriage law, how to divide the divorced real estate?

According to judicial interpretation 3 of the marriage law, if the property right of the real estate purchased by the parents of both parties is registered in the name of the children of one party, the real estate can be regarded as shared by both parties according to their parents' share of capital contribution, unless otherwise agreed by the parties.

After marriage, the houses purchased by the parents of both parties, regardless of the name of the property right registration party, are divided according to the share of capital contribution at the time of divorce.

(5) According to the new marriage law, how to divide a house bought by mortgage?

The ownership of the house bought by mortgage loan is special. During the duration of the marriage, both parties repay the principal and interest of the bank loan with their common income, so it can only be recognized that the current value of the house belongs to the husband and wife. For the separation of housing property rights, in practice, the division of husband and wife's common property should be equal in principle. According to the actual needs of production and life, the source of property, etc., it shall be handled by both parties through agreement.

According to Article 21 of China's interpretation of marriage law (2), it only stipulates that "if both parties have disputes over the houses that have not yet acquired the ownership or full ownership at the time of divorce, and the negotiation fails, the people's court should not judge the ownership of the houses, but should judge the use of the houses by the parties according to the actual situation. But it should be treated differently in two ways: first, before marriage, if one of the husband and wife has paid for the house before marriage, then the house must be the personal property of the husband and wife before marriage. Second, after marriage, the mortgage loan to repay the house is jointly paid by both parties, which should belong to the common property of both parties and be divided according to the amount of mortgage.

(6) The new marriage law stipulates that if one party buys a house before marriage, how can the divorced house be divided?

Article 10 in judicial interpretation 3 of marriage law, if a husband and wife sign a real estate sales contract before marriage, pay the down payment with personal property and make a loan in the bank, and repay the loan with the husband and wife's common property after marriage, and the real estate is registered in the name of the down payment payer, the real estate shall be handled by both parties through negotiation at the time of divorce. If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the real estate belongs to the party whose property right is registered, and the loan that has not been returned shall be the personal debt of the party whose property right is registered. The amount of money paid by both parties after marriage and the corresponding value-added part of property shall be compensated by one party of property right registration to the other party in accordance with the principle stipulated in the first paragraph of Article 39 of the marriage law at the time of divorce.

At this time, for the house purchased before marriage, even if the loan is paid jointly after marriage, the house belongs to the personal property of the husband and wife, and the property will not be divided at the time of divorce. As China has not revised the basic principles of housing distribution this year, the provisions on housing distribution in the new marriage law of 2018 are the same as those in the previous relevant laws. Civil subjects are not allowed to go through the divorce registration procedures before reaching an agreement on housing and other property. After distribution, the tax should be paid according to the regulations.