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both parties can present ID card, household register, divorce certificate, divorce agreement sealed by civil affairs department (indicating detailed rules of housing division, ownership of housing), and housing property certificate. Two people together to the housing management department of the house, apply for divorce property analysis and transfer, re apply for one party's name of the house, as long as the documents are complete, no need to pay deed tax, analysis and transfer premise is that the housing loan is paid off, the property is not mortgaged, no judicial seizure. If one party does not cooperate in handling the transfer of ownership: for divorce proceedings, as long as the court's judgment or mediation letter is obtained, whether the other party cooperates or not, it is not a problem to handle the real estate transfer, you can apply to the court for enforcement, and the real estate trading center will assist the court in handling the real estate transfer proceres

Recently, the Supreme People's Court published the draft of judicial interpretation (3) of the marriage law (hereinafter referred to as the draft) through the China court website to solicit opinions and suggestions for amendment from the whole society. A large part of the hot spots in the draft are related to the house, such as the ownership of the indivial's house purchase before marriage, the ownership of the property given by parents to their children at the time of divorce, and so on

although these changes are still in the stage of soliciting opinions, they have caused heated discussion in the society, and many readers have also called to ask how to deal with the relevant cases. In this special issue, the reporter specially invited Guo Wenjing, a lawyer from Beijing Dacheng Law Firm, to analyze the problem of "how to divide the real estate in case of divorce" for readers on the new changes in the draft

Case: in 2005, Xiao Wang bought a house in Nanhu with a down payment of 150000 yuan. After getting the house property certificate, he married his girlfriend Bobo. Of course, the house property certificate was written with his own name. In July this year, the two divorced because of their discord. Bobo proposed that she shared the mortgage after her marriage, and also paid the decoration fee, and asked to split the property. Xiao Wang didn't agree. Wang said that ring the marriage, the two people paid off about 200000 yuan of the loan together, and 100000 yuan of the house loan was still outstanding. Two people want to divorce, how to divide the house

interpretation: Article 11 of the draft clearly stipulates this issue for the first time. If one of the husband and wife signs a real estate sales contract before marriage, pays the down payment with personal property and makes a loan in the bank, and the real estate after marriage is registered in the name of the down payment payer, the real estate can be recognized as the personal property of the real estate obligee at the time of divorce, The outstanding part of the loan is the personal debt of the real estate obligee. During the ration of the marriage relationship, the market price of the real estate and the proportion of the joint repayment of the loan should be considered, and the real estate obligee should make reasonable compensation to the other party

lawyer's comments: in this case, Xiaowang paid the down payment before marriage, and after marriage, she and Bobo contributed the house together. At this time of divorce, if the house belongs to Xiaowang, she can only get back the mortgage, but can't get the compensation for the appreciation of house price, which obviously violates the principle of fairness of civil law and the spirit of marriage law Article 11 of the draft clarifies that premarital mortgage house purchase is premarital personal property, and also clarifies that the party who gets the house should give reasonable compensation to the other party on the basis of considering the market price and loan repayment ratio, which not only guarantees one party's personal property rights, but also takes into account the relevant rights and interests of the spouse in the social background of increasing real estate value, and makes the judicial practice more convenient, It should be said that it is relatively progressive and perfect

the house bought by parents after marriage belongs to the indivial when they divorce

the traditional concept of Chinese people is that only when they have a house can they get married. However, at present, the income of young people is not directly proportional to the higher and higher housing prices. Many young people can only have a suite by "eating the old". And parents often use up their savings to help their children buy a house. But once the couple want to divorce, the problem will come. Does the other half of the children have a share in the house they buy for their children

Case: Uncle Zhang is a little upset recently, and he will have a grandson soon. His son's house is too small, so he is going to buy a big house for him. It's convenient for the old couple to visit his grandson. But whose name is good for this house? Write your own name. I'm afraid my son won't think about it; Write down your son's name. If one day the couple quarrel and go straight to the divorce registry, what should the house do? After all, it's hundreds of thousands of assets. You can't just give it to others

interpretation: Article 8 of the draft also provides for such cases. If the property right of the real estate purchased by one parent after marriage is registered in the name of the investor's children, it can be regarded as a gift to one's own children, and should be recognized as the personal property of the husband and wife

lawyer's comments: according to Article 22 of the interpretation of the marriage law: after the parties get married, if their parents make capital contributions for the purchase of houses for both parties, the capital contribution shall be recognized as a gift to both husband and wife, except that the parents clearly indicate that they are donating to one party New changes have been made in Article 8 of the draft, which clearly stipulates the ownership of the right of parents to buy a house after marriage, that is to say, the property purchased by one parent has changed from the joint property of husband and wife to personal property. As for the important property such as housing, the draft gives special consideration to balance the property relationship, which is also concive to the practical settlement of such disputes in the future

(the above answers were published on February 4, 2013, and the current relevant house purchase policies are subject to the actual situation)

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