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What to do after the new rules for divorce property distribution are released?

2026-02-20 07:57
2026-02-20 09:18

The new rules for the distribution of property in divorce were as follows: ** 1. Pre-marital Real Estate ** 1. ** Buying a house in full before marriage and obtaining the property ownership certificate ** - If one party has paid the required amount for the purchase of the house and legally obtained the property ownership certificate before marriage, the property is premarital property and belongs to the individual. In a divorce lawsuit, the other party had no right to ask for separation. 2. ** One party buys a house with a mortgage before marriage and repays the loan together after marriage ** - According to the relevant regulations, if a couple signed a real estate sales contract before marriage, the ownership and division of the house at the time of divorce would be handled according to relevant laws and regulations. Generally speaking, before marriage, the part of the house that was bought with personal property mortgage was considered personal property, but after marriage, the part of the loan that the husband and wife jointly repaid and the corresponding property appreciation part belonged to the joint property of the husband and wife and needed to be divided reasonably. ** 2. Real estate related to marriage ** 1. ** House purchased together after marriage ** - The house that they bought together after marriage was the joint property of the husband and wife. However, although the division should be equal in principle, the actual division would be decided by the court according to the specific circumstances and the principle of taking care of the rights and interests of the children, the woman and the innocent party. For example, if one party made a major mistake in the marriage or contributed more to the family, the court might adjust the division ratio as appropriate; if the property increased in value during the marriage, the added value should also be considered as a reasonable distribution of common property. 2. ** Pre-marital Real Estate, Post-marital Name Adding Status ** - If one party bought a house before marriage and added the spouse's name to the property ownership certificate before or after marriage, this represented a gift from one party to the other, and the house became the joint property of the husband and wife. - If both parties clearly agreed on their respective share ratio when adding names, they would divide the shares according to the proportion on the house book when divorcing; if only the name was added without an agreed share, it would be jointly owned. After the implementation of the Civil Code in 2021, the court would determine the proportion of each property share according to the actual registrar of the property, the source of the property, the capital contribution, the reason for the formation of the common relationship, the length of the marriage relationship, and other factors such as the upbringing of children, the rights and interests of women, the party at fault in divorce, etc., and no longer simply in accordance with the principle of equal division. ** 3. Parent-funded house purchase ** - As for the financial support provided by parents for their children to buy a house, it was necessary to distinguish whether the funds were injected before or after the children went through the marriage registration procedures. At the time of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement. If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the wife and the innocent party. Click on the link below to read the comic "After Divorce, My Ex-Husband Became My Loyal Dog"

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