If you want a divorce, ask about the distribution of property.

I didn't expect a divorce, but I had a choice. I just want to go back to my own field. I can't afford a penny. How can I get back?

A: Hello! I can only sympathize with your experience! But since the relationship between the two sides has reached the point of irretrievability, it is also a proper way to choose to separate and let everyone start over!

About your property ownership! 003 that netizen has explained it very clearly, so I won't go into details here! I believe that after consulting those materials, you will understand that it is not easy for you to get all the ownership back!

Although it is theoretically possible to seek justice through legal channels, you should know that if there is no successful legal lawsuit, the litigation cost involved is not small. You must first make sure that you have enough determination and ability before you can choose to take legal action to win back ownership! The biggest problem is that you are at a disadvantage! Since you have no registered property rights, it is not easy to fully confirm and let the judge accept other submission information (I wonder if you can fully collect and provide it)!

Now we can only get back part of the rights and interests of the property through the distribution of the property made during the divorce! However, it should also be noted that in divorce cases, both parties enjoy the same rights and interests! That is, everyone's assets must be handed over, so that the judge can make a decision on distribution according to the situation of both parties!

In the divorce case, the property held by your husband is not in your name, only in his own name! But it will also be regarded as the property held by both parties and distributed! Please refer to the following information about property distribution!

(* * * * Report) Some readers asked about the influence of a recent divorce lawsuit (CACV 9 1/ 2007) in the China Hong Kong Court of Appeal on the distribution of divorce property in the future.

This judgment has set a binding precedent for China and Hongkong. In the future, the court will use the principle of "fair distribution" to replace the principle of "reasonable distribution" used in the past when dealing with property distribution litigation.

Judge Zhang Ze of the Court of Appeal pointed out in paragraph 69 of his judgment that the following principles apply to the distribution of property:

(1) In most cases, the property of both parties is limited, and the principle of fair distribution should focus on the housing and financial needs of both parties.

(2) When the property exceeds the housing and financial needs of both parties, both parties shall have the right to share the assets equally, unless there are other justified reasons. This distribution method is not only applicable to cases with rich property ("big money cases"), but also to cases where the property exceeds the housing and financial needs of both parties.

(3) The court must first verify the property of both parties, including property, income (together with earning power) and other property that both parties have and will have. Then there is the principle of property distribution: (1) distribution according to needs (with a loose interpretation); (2) compensation; (3) Average distribution.

(4) "Need" includes the following factors: (1) the financial needs and responsibilities of both parties; (two) the standard of living enjoyed by the family before the breakdown of the marriage; (3) Age of both parties; And (4) any physical or mental disability.

(5) The principle of "compensation" is related to: (1) the economic loss caused by the decision made by one party in the marriage for the benefit of the family after divorce; (two) in a short-term marriage, the economic loss of one party after the divorce; (3) Loss of pension rights.

(6) The principle of "equal distribution" is: (1) each party's contribution to the family; (2) the length of marriage; (3) The behaviors that both parties should consider.

In addition, the judge of the court of appeal also pointed out that the above-mentioned principle of fairness applies to marital property, including marital residence, even if one party buys it before marriage, and non-marital property, that is, property acquired through inheritance and gift. Is the spouse in the family interest? Therefore, if you give up a well-paid job, the court will also pay compensation.

. news . Yahoo/article/080323/3/6i6v

Supplementary explanation:

Some information about the distribution of residence between the two parties after divorce is as follows, for your reference!

What factors will the court consider when granting one of them the use or possession of the marital home (the main residence of the couple)?

To a large extent, this will depend on the needs of the families concerned, economic resources and all other factors involved in the case. The marital domicile is often the most valuable asset of both parties, and the nature of the domicile is also one of the main factors to be considered.

The court has extensive discretion, such as transferring the ownership of the house to another party by issuing a property distribution order; Or sell the relevant residence and give the cash amount to one of them through a one-time payment instruction. The details are as follows:

Supplementary explanation:

sell

By mutual consent, the property can be sold. The proceeds from the sale can be distributed equally, or according to the agreed amount, or according to the proportion that the court considers reasonable. Each party's contribution, demand and financial burden (such as the need to find another place for their children or redeem their mortgage) will affect the amount they deserve.

make over

The ownership of property can be transferred from one party to the other without reservation, or after the other party pays a sum of money. Assuming that the children will live with their wives, if economically feasible, the court will usually leave the marital residence to the wife and children, not the husband, to maintain the children's current living conditions.

Supplementary explanation:

If the court considers that the value of the transferred property exceeds the total amount to which the wife is entitled, then the wife may have to pay her husband a sum of money as compensation. If the wife can't make the necessary compensation, the property can still be transferred to her name, but the husband can still retain part of the ownership of the property in the form of mortgage. His rights and interests can be calculated according to a certain amount or a certain proportion of ownership, and the relevant ownership can be cashed out in the future.

If the assets of both parties are insufficient to immediately redeem the mortgage loan of the marriage and family, the mortgage loan will be transferred to the wife's name, but the mortgagee (bank) must obtain the approval in advance. In this case, the wife will be responsible for repaying the mortgage. If the wife has no stable income, the mortgagee may ask the husband to guarantee repayment.

Supplementary explanation:

Joint ownership

If one party intends to live in the residence after the divorce, and the relevant circumstances permit, if the children live here and both parties have sufficient resources, they can jointly keep the property and sell it at a later date. The proceeds from the sale will be distributed equally, either according to the agreed amount or according to the percentage deemed reasonable by the court. Before the house is sold, the wife (or the one who lives with the children) will be granted exclusive residence.

Both parties are interested in the house.

In some cases, the husband can keep the original marital home or the rights and interests of substitute property, and so on, so that he will continue to bear the mortgage.

Supplementary explanation:

The husband's rights and interests can be guaranteed by a common or similar mortgage bill. In the latter case, his rights and interests can be calculated according to a certain amount or a certain proportion of ownership.

In either case, both parties need to reach an agreement on when the husband can cash out the property rights. This arrangement is usually caused by the following events:

The death, remarriage or cohabitation of the wife;

Children or the youngest children reach a certain age or complete their day courses; or

Both parties agreed to sell.

But if the husband needs money immediately, such an arrangement will not help him.

Wives should also pay attention to the fact that after selling the house in the future, they will use the proceeds and their own property to find their own house. If the amount she gets is not enough to buy another property, it will be difficult for her to get other funds or mortgage loans.

Supplementary explanation:

In addition, whenever both parties retain the rights and interests of the marital home, there may be potential conflicts, so it is better to avoid the above arrangements as much as possible. If you can't avoid it, you should find out the potential problems in advance and decide how to solve such problems, such as paying for indoor or outdoor maintenance of the property, or paying according to the ownership ratio of both parties. , reference: cecimak personal views and understanding! I hope I can help you! , CLIC/CH/Topics/MarrianMaterial Matters/Diverse/MarrianHome/index.s, noting that people other than the register owner can obtain property rights by sharing the construction price or mortgage payment. Such "equity rights" cannot be recorded.

According to the general law, a sincere buyer does not have to bear the unregistered rights and interests after taking over the property business without actual knowledge or legal structure. If the rights and interests under the rights and interests law are generated in the form of documents, but the relevant documents are not recorded, these rights and interests may be invalid for the real buyers who later purchase the property at a valuable price.

In this case, you are not the owner of the book registration, nor the occupier of the property industry. If the property industry is sold, you won't know, your rights and interests will be ignored, and it will be difficult to mention it in the future.

Although it is true that if you share the price of a part or the whole building, you can get property rights, but because these rights are not generated by account books, you can't mark the account books according to the land marking regulations, which belongs to the property rights that can't be marked.

So if you are the investor of the property industry and want to get back the property right or property right, if the other party disagrees, you must show the evidence to the court for it, otherwise the property industry will be sold and you will lose your rights.

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Because the system is often lost, it takes too much time. So we won't reply for the time being. If you need more advice, please send me an email directly. Please forgive me for the inconvenience! This is the procedure of a private law firm.

Transfer of Ownership in Divorce or Separation: Tenants Purchase Scheme Units

1. Resale in the secondary market two years after the first sale; or

2. After five years from the date of first sale and premium payment,

Its property ownership is not freely transferable. However, under special circumstances, the Housing Authority may, at its discretion and on a case-by-case basis, approve applications for transfer of ownership. Under the following circumstances, the owner can apply for transfer, and divorce or separation is one of them:

1. Apply for spouse to join as co-owner;

2. Apply for the transfer of ownership to the spouse due to the divorce or separation of the owner;

3. The ownership is transferred to other family members because the owner gets married or moves out to live with his spouse;

4. Ownership is transferred to other family members due to the owner's immigration or long-term work overseas;

5. The owner or spouse changes ownership due to the application for housing benefits for civil servants or housing benefits provided by the employer;

6. Ownership change due to down payment or mortgage contribution provided by registered authorized residents;

7. Apply for change of ownership due to the death of the owner;

8. Apply for change of ownership because the owner is old (that is, 70 years old or above);

9. Apply for change of ownership due to the owner's serious illness (such as cancer);

10. Change of ownership due to bankruptcy of the owner.

Apart from the above circumstances, the Housing Authority will only consider other reasons to approve the transfer of ownership under special circumstances. The transfer of ownership must be handled in the form of a transfer contract that does not involve monetary consideration (except for bankruptcy cases), and the expected transferee must be a registered family member of the property owner (except for the death of the owner).

Application description

The applicant must explain the reasons for ownership transfer in the application form;

● The application form must be submitted together with relevant supporting documents (such as marriage certificate and proof of new address, final divorce order and divorce decree, letters of administration, confirmation of the identity of the administrator or probate and exemption from inheritance tax certificate);

● The application fee is 2000 yuan, which will not be refunded whether the application is passed or not;

Generally speaking, the applicant will receive a written notice within six weeks to know the application result;

● The completed application form must be sent to the housing estate? Rental management office.

Procedures after the application is approved

● After obtaining the transfer consent, the owner must hire a lawyer to handle the transfer formalities;

● If the property is mortgaged, the owner must contact the bank to inquire whether it is necessary to change the mortgage deed. If necessary, the applicant must first apply to the TPS section for approval to modify the mortgage loan contract before modifying the mortgage arrangement. Only the applicant has to pay the required handling fee separately 1, 400 yuan;

● In addition to the handling fee for applying for transfer, the owner must also pay all the fees related to transfer, such as the lease fee and printing fee of the Housing Authority;

Generally speaking, consent to transfer is valid for one year. If the owner fails to complete the transfer within the time limit, he must re-submit the application;

● After signing the transfer contract, the applicant shall notify the lease management office as soon as possible. As for the floor you want to fight for, you can apply for divorce and solve it through legal procedures in the distribution of economic property. Or, fight for that floor by civil means, because you have the source of funds to buy a house. Simply put, you are the beneficial owner of that floor. However, if, as you said, that floor is registered as the owner in the name of your husband, he has never given a penny. You must also prove to the court that you have paid all the money for buying/mortgaging the house. For example, you have to pay a receipt to prove that the payer is your name (because you said you paid a down payment), and the monthly contribution ends from a joint account. Then, you need to prove the source of funds for the joint account, and whether all of them are paid by you.

If you can prove that you paid for the house, I believe the court can help you get it back. ,