New Rules on Divorce and Estate Division
The following are some of the relevant rules for the division of property in divorce: 1. ** Buy a house after marriage ** - A house jointly funded by a married couple after marriage, regardless of whether it was registered as owned by one party alone or jointly owned by both parties, was generally considered a joint property of the husband and wife. - If the property ownership is registered as co-ownership: - If the husband and wife have a written agreement on the joint property, it will be divided according to the agreed proportion. At this time, he did not consider the source of the investment, the contribution of the house, and other factors. - Only when there was obvious unfairness in the investment and the agreed share, according to the principle of fairness, considering the contribution of both husband and wife to the house and family, the discount of the share would be appropriately adjusted. - After marriage, if one of the parents paid for the house and the house was under their children's name, if it was the entire house price or the entire down payment, it would be considered as a gift to their children. It would belong to the children's personal property. After the loan was jointly repaid, half of the compensation would be given to the other party after accounting. 2. ** Buying a house before marriage ** - A house purchased by one party before marriage, paid for and owned by the other party, and belonged to the other party's pre-marital property. It was personal property and not the joint property of the husband and wife. However, if one party bought a house with their own funds before marriage, the property rights would be registered under the names of both parties for some reason, which would be regarded as a gift to the other party. In this case, the house would belong to the joint property of the husband and wife. - If one party paid the down payment before the marriage, the couple would repay the loan together after the marriage. After the divorce, the ownership of the house would belong to the investor. However, the mortgage and the appreciation of the house could be divided according to the proportion of the mortgage. - If a person bought a house in full before marriage, if they did not sign a gift contract, regardless of whether another person's name was added to the house book later, it still belonged to the personal property before marriage. When the couple divorced, the other party had no right to divide it. 3. ** Special circumstances ** - If the house did not have a property certificate, such as a small property house or a newly bought house that had not been certified, the basic principle was that the two parties could negotiate and deal with it according to the negotiation method. If they could not negotiate, the court would not directly decide who the house belonged to in a divorce case. They would need to sue separately to divide the property. - As for the appreciation of real estate, the income generated by the husband and wife's personal property after marriage should be recognized as the joint property of the husband and wife, except for the fruits and natural appreciation. Therefore, it was determined that if the appreciation of the house purchased by one of the couples before or after marriage belonged to one party's personal property, the appreciation of the house would not be divided at the time of divorce. - A house gift during marriage. Before marriage or during the marriage, one party gave the property to the other party. If the ownership has not been transferred, the gift can be revoked. Click on the link below to read the comic "After Divorce, My Ex-Husband Became My Loyal Dog"
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