is well known that one of the main problems currently facing my country is the aging population, and the main reason for to cause population is the continuous decline of population birth rate . Of course, the decline in the birth rate of population is that in addition to the decrease in fertility, there are fewer and fewer young people who are now willing to get married. According to relevant data,
showed that the number of single population in my country continued to increase. In 2020, reached 240 million single population, accounting for 17.14% of the total population. Not only that, it can be seen from real life that there are more and more young people who do not want to get married and have children, and even if some people want to get married and have children, their marriage age is getting late.
is at the same time, and there is also a phenomenon that is more noteworthy, that is, 's divorce rate is getting higher and higher . In the process of divorce between the two parties, property disputes are also relatively common cases. Among them, how to distribute real estate is a key issue for a long time. In order to deal with these problems, the state has also improved the corresponding laws and regulations. According to relevant information, has some new standard for the distribution of real estate after divorce. So what is the specific situation? According to the relevant survey report,
shows that there are three main types of disputes between couple divorce, namely the issue of husband and wife debt, children's support, and real estate division . Among them, real estate division is the most important problem, which can account for 85.2%.
has to say that for most ordinary families, real estate is the most important asset. After divorce, real estate will naturally become the object of the husband and wife want to fight. According to the relevant provisions of the New People's Ceremony Law, has a clear standard for the real estate handling of divorced couples, and the couple do not have to compete for blood flow . Specifically, it is mainly divided into three modules.
is the first to be given by parents or real estate that comes through inheritance. On the one hand, if you get a gift or inherit the parents' real estate before getting married, then this part is a personal private property. After the divorce, the other party has no right to divide it.
, on the other hand, if people get real estate given by their parents after marriage, or inherit the parents' real estate, then at this time, they need to consider the wishes of their parents and the views of the heir. If the parents of the parties and the heirs of the real estate clearly stated that the property is given to one party, then the other party has no right to divide . If the parents or heirs did not say which party is exclusive to the property, then the house needs to be handled according to the common property of the husband and wife. After the divorce, both the husband and wife are divided.
follows the real estate purchased after marriage. According to relevant laws and regulations, if this house is purchased after the husband and wife are married, then no matter which party pays for, this house belongs to the share of the husband and wife, and it needs to be divided after divorce. And even if the property bought by the couple after marriage only registered a person's name, then it still belongs to the husband and wife common property.
is the last is the real estate purchased before marriage. This part of the property also requires specific problems to analyze . On the one hand, if this property is purchased together before the husband and wife get married, and the house is registered in the name of the husband and wife, then it belongs to the common property of the husband and wife and needs to be divided after divorce. If this house is jointly contributed before the couple's marriage, but only registered the name of one party, you need to consider whether it was purchased during the cohabitation period. If is purchased during the cohabitation period, it will also be regarded as common property. If it is not purchased during cohabitation, it will be allocated based on how much the capital contribution. On the other hand,
, on the other hand, if the house only paid the down payment of the house before marriage, it was registered under the name of one side, and the two parties would bear the mortgage after marriage. Under such circumstances, after the two of them divorced, the down payment of the house was owned by one party.
Of course, if adds the name of the other party to the real estate card when marriage is registered, then it is equivalent to half of the parties to the other party. In addition,
, in addition, there is another situation in the real estate purchased before marriage, that is, the situation where people buy or mortgage have been paid back before marriage. At this time, if the house is only registered with one party's name, then this property is a personal property. After the divorce, the other party has no claims to divide. If the two are married, one party adds the name of the other party to the real estate certificate. At this time, half of the house will be identified as unconditional gifts, and the two parties need to be divided on average after divorce.
may have doubts. The above three situations are based on the premise of urban commercial housing. So what should I do about the treatment of rural homesteads ? In fact, the
also has a clear rule for this issue. People need to pay attention to the property rights of rural homesteads belong to the village collective, and individuals have the right to use the homestead. Therefore, when the couple divorced, there was no right to divide the property rights of the rural homestead. Of course, if the two parties built a house on the homestead after marriage, then after divorce, one party can get a house, and the other party cannot get the house. Essence
Conclusion:
can see through the above analysis that the real estate treatment method after the divorce of the couple is quite clear. Of course, there are very few smooth marriages. Most of the marriage needs to pass through. Only the husband and wife operate together. One more understanding and one less complaint is the long -term way to maintain a happy marriage.
Topic today: "New Regulations" is released. After the divorce of husband and wife, there is no need to fight for real estate. In the future, it will handle
like this
