The High Court is not a house with a name, and you can divide it in half if you divorce!

Mondo Social Updated on 2024-01-19

Author: Lawyer Zhou Jun.

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Usually we think that when we get married, as long as we add our name to the real estate deed of our spouse before marriage, the family will be more stable. In case of divorce, you can still get half of the property.

But in fact, this is just a misunderstanding. In the event of a divorce, if the parties do not agree on the division of the property and ultimately go to court, the judge will not simply divide the property in half.

The judge will determine the share of the property by considering a variety of factors, such as the actual contribution to the purchase of the house, the duration of the marriage, the reason for the divorce or fault liability, the contribution of both parties to the family, and whether one party has transferred the joint property of the husband and wife.

If the parties have been married for a long time, have children together, and the named party has contributed more to the family, the judge will award a relatively large share, which may be close to half of the property.

If the parties have been married for a short period of time, have no children, and the additional party does not contribute much to the family, the judge will be inclined to award a relatively small share, and the additional party will have a lower property right.

If you have any doubts about the joint property of the husband and wife, it is best to consult a lawyer and use appropriate methods such as gifts and clear agreement on the share of real estate to protect your legitimate rights and interests.

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[Legal basis].

The first paragraph of Article 1087 of the Civil Code stipulates: "In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement;If an agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. ”

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