Article 297 of the Civil Code of the People's Republic of China stipulates that immovable or movable property may be jointly owned by two or more organizations or individuals. Co-ownership includes co-ownership and co-ownership. Article 298 stipulates that co-owners shall have ownership of the immovable or movable property in common according to their share. Article 303 stipulates that a co-owner may request division at any time, and a co-owner may request division when the basis of the co-ownership is lost or there are serious reasons for the need for division. Article 308 stipulates that if the co-owners have not agreed on the immovable or movable property in common to be co-owned by shares or jointly owned, or the agreement is not clear, it shall be deemed to be co-ownership by shares, unless the co-owners have a family relationship, etc. Article 309 stipulates that if there is no agreement or the agreement is not clear, the share enjoyed by the co-owners in the common immovable or movable property shall be determined according to the amount of capital contribution; If the amount of capital contribution cannot be determined, it shall be deemed to be enjoyed in equal amounts.
According to the above-mentioned provisions, common cases such as divorce and division of family and property after demolition and relocation are essentially cases of division of common property. Although demolition and expropriation agreements often only write the name of one person, either the head of the household, or the representative of the family member. However, this person is only a representative, and the property obtained from demolition and expropriation is shared by family members. Specifically, when determining the divided share, the nature of the common property, the list of co-owners, and the common share should be comprehensively judged in conjunction with evidence such as policy documents and demolition agreements, some of which are based on the increase in the share of the household registration, some are based on the share of the only child's reward, and some are based on the resettlement area obtained by the replacement of the old house, and their share of the common property obtained from the demolition and relocation should be determined according to their "contribution" to the income from the demolition and relocation of the household. If the agreement is relatively clear, the common share may be determined in accordance with the agreement. If the agreement is unclear, it can be determined according to the amount of capital contribution. If the amount of capital contribution cannot be specified, it shall be deemed to be enjoyed in equal amounts.
In such cases, an individual who is independent of divorce or division of property sues other members of the original family, that is, the other co-owners of the common property obtained from demolition and relocation are all defendants, and a first-instance lawsuit is filed in the basic court of the place of demolition, and the cause of action may be the division of the common property, the division of the family and property, or the property dispute after the divorce, depending on the circumstances.
If the proceeds of the demolition have been paid in place, the currency is the first payment, and the property is subject to the real estate certificate, it can be directly divided, and the cause of action is to divide the common property. If the agreement is only signed but has not yet been fulfilled, a lawsuit for division of property can only be filed to confirm the common share of the parties, and the conditions for division are not yet met, and the compensation needs to be cashed in a number of years before a separate lawsuit can be filed.