In terms of the allocation of demolition and relocation houses, the following legal issues are mainly involved:
Determine the owner of the house to be demolished: The owner of the house to be demolished is usually entitled to compensation for the demolition. If the house to be demolished is the pre-marital property of one of the spouses, then the owner of the house is usually one of the spouses. If the house to be demolished is shared by family members by shares, it is distributed according to the shares previously shared. If the house to be demolished is jointly owned by family members, it needs to be handled through negotiation, and if the consensus cannot be reached, a lawsuit can be filed with the court to request the division of the family and property, and the compensation benefits to be divided.
Calculation of the nature and area of the resettlement house: The nature and area of the resettlement house are also different according to the nature of the house to be demolished and the resettlement method adopted. For example, a relocated house obtained by "demolishing one and returning one" to a house on state-owned land shall be deemed to be the personal property of one party. In the case of houses in the nature of collective land, if the area is calculated "according to the capitation" at the time of resettlement, the husband and wife shall enjoy a certain share of the resettlement area enjoyed by themselves.
Identification and disposition of joint property of husband and wife: If the house to be demolished is the joint property of the husband and wife, then in the process of demolition and resettlement, if the husband and wife pay part of the fees due to the increase in the purchase area, this part of the expenses shall be recognized as joint contribution by the husband and wife, and half of the fees paid shall be returned to the other party at the same time as it is determined that the house belongs to the personal property of one party.
Inheritance and gift: If the house to be demolished is the property of one of the spouses before the marriage, but after the marriage is demolished and the resettlement house is shared, the owner of the house is usually one party. If the party dies, the house may become his estate, which will be distributed in accordance with the provisions of the inheritance law. In addition, if the party is willing to donate the house to another party or another person, the relevant gift procedures need to be completed.
In short, in terms of the allocation of demolished houses, it is necessary to first determine the property owner of the house to be demolished and distribute it in accordance with relevant laws and regulations. At the same time, attention needs to be paid to dealing with issues such as joint property, inheritance and gifts. If you encounter relevant legal issues, it is recommended to consult a professional lawyer. Newbie Mentoring Program