How to divide property in divorce
In recent years, as the divorce rate has increased, property division has become one of the core issues in divorce disputes. How to fairly and reasonably distribute property during divorce is the focus of many couples. This article will combine the hot topics and hot content on the Internet in the past 10 days to provide you with a detailed analysis of issues related to property divorce distribution.
1. Basic principles of property allocation
According to the Civil Code of the People's Republic of China and relevant judicial interpretations, the basic principles for property distribution during divorce are as follows:
| Property type | distribution principle |
|---|---|
| Purchase a house with full payment before marriage | Owned by individuals and will not participate in the division |
| Take a personal loan to buy a house before marriage, and repay the loan jointly after marriage | The property belongs to the registered party, but the other party needs to compensate the other party for loan repayment and appreciation. |
| Buying a house together after marriage | In principle, it will be divided equally, taking actual contributions into account |
| Parents finance the purchase of a house | Determination based on the nature of the investment (donation or loan) and registration status |
2. Specific circumstances of property allocation
In actual cases, property allocation often involves multiple complex situations. The following are several typical situations that have been hotly discussed on the Internet in the past 10 days:
| situation | Processing method | Legal basis |
|---|---|---|
| One party buys a house before marriage and adds his or her name after marriage | Treated as a gift, the property becomes joint property | Article 1063 of the Civil Code |
| The couple repays the loan together but the property certificate is unknown | Can claim compensation for loan repayment and value-added part | Article 10 of the Third Judicial Interpretation of the Marriage Law |
| The property is registered in the name of the child | It is regarded as the property of the children and will not be divided in the event of divorce. | Article 35 of the Civil Code |
| Rural homestead real estate | It needs to be combined with the determination of the ownership of the homestead use rights. | Article 62 of the Land Management Law |
3. Hot Disputes over Real Estate Allocation
Recently, the real estate allocation disputes that have been hotly discussed across the Internet mainly focus on the following aspects:
1.How is the added value of the property calculated?Especially when buying a house before marriage and increasing its value after marriage, calculation formulas and standards have become the focus.
2.Should the value of housework be converted into property shares?Some experts advocate financial compensation for stay-at-home wives/husbands' contributions to the household chores.
3.Difficulties in determining the nature of parents’ investment in house purchase.Is it a loan or a gift? How to provide evidence becomes the key.
4.The dilemma of property division under the purchase restriction policy.Especially issues involving the transfer of home purchase qualifications.
4. Operational suggestions for real estate allocation
In response to the above issues, legal experts give the following suggestions:
| Suggested content | Specific operations |
|---|---|
| Keep complete proof of purchase | Including contracts, payment records, loan information, etc. |
| Clarify the nature of parents’ investment | It is recommended to sign a written agreement indicating whether it is a loan or a gift. |
| Negotiation takes priority | Reaching an agreement through mediation is more efficient and cost-effective than litigation |
| Professional assessment | Get a professional appraisal of property value to avoid disputes |
5. Typical case analysis
In the "Beijing Divorce Real Estate Case" that has caused widespread discussion recently, the court ruled that one party who purchased a house before marriage must compensate the other party for joint loan repayments and appreciation after marriage, totaling 1.2 million yuan. The case established the following key points for judgment:
1. Compensation amount = joint loan principal and interest × property appreciation rate
2. Value-added rate = (current value-original value)/original value
3. The calculation time point is based on the time of divorce.
This judgment provides an important reference for similar cases.
6. Summary
As an important family property, the distribution of real estate is related to the vital interests of both parties to the divorce. Only by understanding the relevant legal provisions, keeping complete evidence materials, and seeking professional legal help when necessary can you protect your legitimate rights and interests to the greatest extent. With the development of society, relevant laws are also constantly improving. It is recommended to continue to pay attention to the latest judicial interpretations and adjudication trends.
Finally, we need to remind you that every case has its own particularities. The content of this article is for reference only. For specific issues, you need to consult a professional lawyer for case analysis.
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