The new regulations have been introduced, and the real estate will be divided like this after the di

Mondo Social Updated on 2024-03-02

In 2023, a total of 5.71 million couples will get married, while 3.25 million couples will go through divorce procedures in the same year, and the national average divorce rate will exceed 569%, which means that for every 100 couples getting married, 56 couples choose to divorce, which is not a low divorce rate.

This is still the national average data, just look at the divorce data of some provinces will be more exaggerated, for example, the three eastern provinces are the top three provinces with a divorce rate, and Jilin Province, which has the highest divorce rate, has a divorce rate of 7151%, which means that for every 100 couples getting married, 71 couples are divorced. These data also reveal an increasingly common social phenomenon, namely that the number of divorces is increasing, and the reasons for this are also complex.

Some people feel that married life is too boring and boring without any passion at all, and some people feel that marriage is too expensive to withstand economic pressure, and there are more emotional incompatibility, personality incompatibility, etc., even if it is some trivial things in life, it is easy to quarrel after accumulating too much, and eventually lead to the divorce of the husband and wife. When it comes to divorce, how to divide the property appropriately after the divorce is also a topic that must be mentioned. The assets of most Chinese families are mainly concentrated in real estate, housing prices are very expensive, and the house is enough to occupy 7% of the total assets of the family. Therefore, many couples tend to quarrel over the ownership of the house, and the lover who used to share the bed will elevate the matter to the court for the sake of the house, which is not a kind of sadness?

In any case, the legitimate rights and interests of oneself still have to be fought for, many families only have one suite, and if the suite only writes the name of one of the husband and wife, and the other party does not write the name, many people may think that the other party is not on the real estate deed is not qualified to divide the property. In fact, the answer is not so, according to the provisions of the Civil Code, there are the following different situations in which the husband and wife divide the property when they divorce, and whether the other party is eligible to divide the property also depends on different circumstances.

In the first case, the house is pre-marital property and does not need to be divided. If this house was bought by Zhang San in full before marriage, and his name is written on the real estate certificate, then even after the divorce, this house has nothing to do with Zhang San's wife and does not need to be divided. There is also a situation, if Zhang San paid the down payment before the marriage and only wrote his own name, and the mortgage was repaid jointly by the husband and wife after the marriage, then Zhang San, who holds the property, needs to compensate his wife for this part of the mortgage repayment.

In the second case, the joint property after marriage needs to be divided. If the husband and wife did not buy a house before marriage, but bought the house after the marriage through the joint efforts of both parties, then the house will belong to the joint property of the husband and wife, and it will definitely need to be divided after the divorce. There is also a situation where Zhang San bought a house before marriage, and after marriage, he added the name of Zhang San's wife to the real estate certificate, whether it is a down payment or a full payment, the house belongs to the joint property of the husband and wife.

In the third case, parents give and inherit. If the parents gave Zhang San a sum of money to pay the down payment, and the subsequent monthly payment was still repaid by Zhang San and his wife, then as mentioned above, Zhang San needs to compensate his wife for repaying the mortgage after the divorce. Or Zhang San's parents gave Zhang San a house with full payment in their names, but wrote the names of both husband and wife, then it must be regarded as the joint property of the husband and wife. In the case of inheritance, if Zhang San's parents did not specify in the will that Zhang San would inherit the property, the house would be the joint property of the husband and wife by default, and if the will stated that Zhang San would inherit it, then it would be personal property and would not need to be divided in the divorce. **10,000 Fans Incentive Plan

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