How to divide the house if you get divorced?
Property division during divorce is a focus issue for many couples. In recent years, with the rise in housing prices and changes in the concept of marriage, there have been more and more disputes over the division of property in divorce. The following are related topics and hot topics that have been hotly discussed on the Internet in the past 10 days. Combining legal provisions and actual cases, we will provide you with a detailed analysis of common situations of property division during divorce.
1. Basic principles of property division in divorce
According to the relevant provisions of the Civil Code of the People's Republic of China, the division of property during divorce mainly follows the following principles:
| principles | Specific content |
|---|---|
| Negotiation takes priority | The husband and wife can negotiate to resolve the ownership of the property. If the negotiation fails, the court will make a decision. |
| Common property is divided equally | In principle, real estate acquired during the marriage will be divided equally. |
| Taking care of the rights of children and the woman | The court will give due consideration to the party raising the children and the party not at fault when making the decision. |
| Distinguish between pre-marital and post-marital property | Individual property is not divided before marriage, but community property needs to be divided after marriage. |
2. Common property types and division methods
Properties purchased under different circumstances are divided in different ways in divorce:
| Property type | Purchase time | Investment status | Split method |
|---|---|---|---|
| Buy a house with full payment before marriage | before marriage | Full payment for one party | Owned by the property rights registrant |
| Down payment before marriage and loan repayment after marriage | Down payment before marriage and joint loan repayment after marriage | One party makes down payment and jointly repays the loan | The property rights belong to the registered party, and the other party will be compensated for the loan repayment and value-added part. |
| Buying a house together after marriage | After marriage | co-financing | In principle, it will be divided equally, taking actual contributions into account |
| Parents finance the purchase of a house | Before/after marriage | Parents contribute part or all of the capital | Depending on the nature of the gift, it may be deemed personal or joint property. |
3. Analysis of recent hot cases
1.Beijing high housing price case: A couple disputed a property worth 12 million yuan when they divorced. The court finally ruled that the property rights belonged to the party who paid the down payment, but the other party had to compensate the other party for the loan repayment and appreciation after marriage, totaling 4.8 million yuan.
2.Impact of purchase restriction policy: A Shanghai couple borrowed the name of a relative to buy a house due to the purchase restriction policy. When they divorced, a dispute arose due to unclear property rights. The court ruled on the division based on the actual capital contribution.
3.Buying a house before marriage and adding a name after marriage: A man in Hangzhou bought a house before marriage and added his name after marriage at the request of his wife. When divorced, the court determined that the property was shared equally as joint property.
4. Things to note when dividing property in divorce
1.Keep proof of purchase: Including contracts, payment vouchers, loan records, etc. to prove the capital contribution.
2.Clarify the nature of the gift: It is best for parents to stipulate in writing whether they will finance the house purchase by borrowing or donating it, and whether the gift will be given to one party or both parties.
3.Consider tax costs: Real estate transfer may result in deed tax, personal income tax, etc., and the costs need to be calculated in advance.
4.Assess property value: The value of the property during divorce is based on market assessment, not the purchase price.
5.Special property treatment: There are special regulations on the division of properties with special properties such as affordable housing and military housing.
5. Expert advice
1. A property agreement can be signed during the marriage to clarify the ownership of the property.
2. When divorcing, try to negotiate a settlement first, and litigation is the last option.
3. Consult a professional lawyer when necessary to ensure your legitimate rights and interests.
4. Pay attention to the ruling tendency of local courts, which may differ in different regions.
In short, the division of property in divorce requires comprehensive consideration of multiple factors such as the time of purchase, capital contribution, property rights registration, and marital contributions. It is recommended that both spouses communicate rationally and properly resolve property division issues in accordance with the law to minimize the impact of divorce on the family, especially the children.
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