How to divide affordable housing in Ningbo divorce

Affordable housing is different from ordinary commercial housing, it has the nature of security, the purchase qualification, property rights form, listing and trading conditions are subject to policy constraints. In the event of divorce, the division of such houses should not only look at capital contribution and registration, but also examine the factors of who is the subject of application, when to apply, when to pay the purchase price, and whether the house has obtained full property rights.

The general judgment framework is: during the existence of the marriage relationship, the affordable housing jointly applied for and jointly funded by the husband and wife belongs to the common property of the husband and wife in principle; If one party has obtained the qualification to purchase a house before marriage and paid all the purchase price, it is usually recognized as the personal property of that party; If the house price is paid before marriage and fully paid after marriage, it shall be determined separately according to the time and source of contribution.

1. legal basis

article 1062 of the Civil Code stipulates that the wages, bonuses, labor remuneration, production and operation investment income, inherited or donated property, etc. obtained by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife. Article 1063 lists the scope of personal property such as one party's premarital property, compensation for personal injury, and property determined in a will or gift contract to belong only to one party.

For the rules of division, see Article 1087: At the time of divorce, the common property of the husband and wife shall be disposed of by agreement between the two parties. If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman and the no-fault party. The "specific situation" of affordable housing includes security attributes and listing transaction restrictions, which is the biggest difference between it and commercial housing.

2. core points

1. The subject of the application and the time of the contribution determine the nature of the property.

The purchase qualification of affordable housing is bound to the housing, income and household registration status of the applicant and his family. Therefore, who is the subject of the application and when to apply is the first pass to judge the nature of the property. After marriage in the name of both husband and wife to jointly apply for, joint payment, the house into the scope of common property is basically no dispute.

What is more complicated is the situation of pre-marital application and post-marital payment. At this time, it is usually determined in sections: the portion paid with personal property before marriage, the corresponding value belongs to personal property. The determination requires clear payment time nodes and evidence of the flow of funds.

2. How listing restrictions affect the split.

Before the acquisition of full property rights of affordable housing, listing transactions are usually limited by the number of years, and may need to pay the land income and other prices, the government also has the right of priority to buy back under certain circumstances. These restrictions do not determine whether the house is a common property, but will directly affect the court's choice of division.

If the house does not yet have the conditions for listing and trading, the court may not deal with the attribution of ownership first, but only make arrangements for the right to use it, or award it to one party and process the discount compensation after the conditions have been met. This difference has a significant impact on the actual benefits available to the parties.

3. boundary conditions

if the affordable housing has not yet applied for the property right certificate, the court usually does not directly judge the ownership, but deals with who lives and uses it, and then claims it separately after the property right is clear. If there is a burden such as the land income and the government's priority repurchase right, the cost must be deducted when calculating the amount of compensation.

There is also a situation to note: one party in the name of the individual application, the other party's household registration has a substantial impact on the qualification, or after marriage to live together for many years and the house decoration, maintenance investment, these factors do not change the nature of the house, but may be reflected in the share division or compensation amount. If there is another written property agreement between the parties, the agreement shall prevail.

Practical Experience of 4. Lawyers

how to divide the divorce of affordable housing, the first step is not to calculate the money, but to find out its "origin. This kind of house has the nature of security, the purchase qualification, property right form and listing and trading conditions are subject to policy constraints, so we can not only see the capital and registration. We must first verify who has obtained the qualification to buy a house, when the application was made, when the purchase price was paid, and whether full property rights have been obtained. After marriage, the joint application and joint capital purchase in the name of the husband and wife shall, in principle, belong to the common property.

The evidence in such cases focuses on the "payment timeline". In the case of segmented identification, the part paid with personal property before marriage corresponds to personal property, and the part paid with common property after marriage and the corresponding value-added belong to common property. How to divide it depends on whether this timeline can be made clear. Therefore, it is necessary to arrange the purchase contract, payment voucher, loan record and account flow according to the time, especially the junction point of pre-marriage and post-marriage payment should be explained clearly. For those handled locally in Ningbo, you can go to the relevant departments of real estate registration and housing security to obtain the purchase files and qualification documents, and find out these materials so that there is a basis for characterization.

Also think ahead of time about the impact of "listing restrictions" on the split approach. Affordable housing in the acquisition of full property rights, the transfer is usually limited by the number of years, may have to pay the land income and other prices, the government in certain circumstances there is a priority to buy back, these do not change whether the house is a common property, but directly affect the court to choose which division method. If the house does not have the conditions for listing for the time being, the right to use may be arranged first, or the right to use may be awarded to one party and the discount compensation may be processed after the conditions are fulfilled. When talking, we might as well make these restrictions clear. The other party makes a price according to the market price of commercial housing, and the other party makes a counter-offer with the policy price. It is easy to talk about it and implement it.