Division of Houses Demolished after Divorce in the New Marriage Law

When the house to be demolished is divorced, it shall be divided in the following ways:

1. If the demolished house belongs to the joint property of husband and wife, the relocated house also belongs to the joint property of husband and wife. Both parties can negotiate how to divide the property by themselves. If negotiation fails, the court will decide how to divide the property. The court can make a judgment in the following ways:

(a) the two sides claim the ownership of the house and agree to bid, which should be allowed;

(two) if one party claims the ownership of the house, the evaluation institution shall evaluate the house according to the market price, and the party that obtains the ownership of the house shall give the other party corresponding compensation;

(three) if neither party claims the ownership of the house, the house shall be auctioned or sold according to the application of the parties, and the proceeds shall be divided.

Second, if the demolished house is the personal property of one party, the relocated house is also the personal property of this party and will not be divided when divorced.

3. If the house to be demolished is not the same property of husband and wife, but both parties are resettled by the demolisher, the relocated house belongs to the same property of husband and wife, and both parties can divide the relocated house according to the division method in the first case.

legal ground

Article 1087th of the Civil Code stipulates that at the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.

The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.