Dividing a house is a common problem in family life, whether it is in divorce, inheritance, or living together. When dealing with the issue of subdivision of the house, the following principles should be observed: protect the integrity of the house, do not damage the value of the house, give compensation, adopt the method of common ownership, and deal with it in accordance with the relevant regulations when bidding or selling.
Housing is an indispensable and important means of subsistence in family life, and due to its importance, it has caused various conflicts and disputes. When a couple divorces or family members are separated and separated, the jointly owned house must be divided and divided. However, the house could not be demolished, so there was an unavoidable question in the division of the house: who should the house belong to?Can it continue to be shared?What do you get if you don't get a house?For such a problem, both the provisions of the law and judicial practice have been well handled, and the basic principles are as follows:
1. Dividing the house is to protect the integrity of the house to the greatest extent.
2. Do your best not to damage the existing value of the house.
3. Adopt the exclusive use of one person to pay others money or other forms of compensation.
4. Adopt a common approach.
5. The way everyone bids.
6. Sell the house, and everyone will share the price.
House subdivision scheme.
According to the provisions of China's Civil Code, the housing division plan should follow the principles of fairness, reasonableness and legality. If the partition plan violates the mandatory provisions of the law or public order and good customs, it will be invalid.
In addition, Article 106 of the Civil Code stipulates that if the division of a house involves the joint property of the husband and wife, the ownership of the house shall be inquired first to determine who owns the ownership. When dividing the joint property of the husband and wife, the joint debts of the husband and wife shall be paid off in accordance with the law, and the personal property of one of the husband and wife shall be reasonably divided.
In addition, Article 107 of the Civil Code stipulates that if the personal property of one of the husband and wife is insufficient to pay off his or her personal debts, he or she shall have the legal right to dispose of the joint property of the husband and wife and may dispose of the joint property of the husband and wife in accordance with the law to pay off the debts.
In the process of formulating a house division plan, factors such as the actual situation of the house, the ownership status and the personal property status of one of the spouses shall be fully considered to ensure the fairness, reasonableness and legality of the division plan. At the same time, the husband and wife shall fully negotiate and reach an agreement, and clearly stipulate in the division agreement the method of division, the share and the method of resolving the dispute. If the husband and wife are unable to negotiate, they can file a lawsuit with the court in accordance with the law and resolve the division dispute through judicial procedures.
Housing is an indispensable and important means of subsistence in family life, but due to its importance, it has caused various conflicts and disputes. On the issue of house division, both the provisions of the law and judicial practice have been given a better treatment. The division of the house shall follow the principles of fairness, reasonableness and legality to ensure the integrity and value of the house, and at the same time fully consider the personal property status of one of the spouses to ensure the legality of the division plan. The husband and wife shall fully negotiate and reach an agreement, and clearly stipulate in the division agreement the method of division, the share and the method of resolving the dispute. If the husband and wife are unable to negotiate, they can file a lawsuit with the court in accordance with the law and resolve the division dispute through judicial procedures.
Article 1130 of the Civil Code of the People's Republic of China: The share of inheritance inherited by heirs in the same order shall generally be equal.
Heirs who have special difficulties in life and lack the ability to work shall be taken care of when distributing the inheritance.
Heirs who have fulfilled their primary obligation to support the decedent or who live with the decedent may receive an additional share of the estate when the estate is distributed.
If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.
Where the heirs agree through consultation, it may also be unequal.
Author: Fa Que Consulting.
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