How to divide the divorce of the real estate inherited after marriage in Ningbo.

Whether the property inherited after marriage belongs to the joint property of the husband and wife depends on whether the will or gift contract is clearly attributed to only one party. Article 1062 of the Civil Code includes the property inherited or donated during the existence of the marriage relationship as the joint property of the husband and wife, with the exception of the third paragraph of Article 1063 of this Law. The third item of Article 1063 stipulates that the property determined to belong only to one party in the will or gift contract shall be the personal property of the husband and wife.

From this, a simple order of judgment can be introduced: first look at whether there is a will, whether the will states that it belongs only to one of their children. If the will is clearly attributed to only one party, then the property is personal property, the divorce does not participate in the division, the spouse does not have the right to claim discount compensation, which is the most substantial difference between the two types of situations.

1. legal basis: the convergence of common property, personal property and inheritance.

The joint property of the husband and wife listed in Article 1062 of the Civil Code includes wages, bonuses, remuneration for labor services, income from investment in production and operation, income from intellectual property rights, inherited or donated property (except for paragraph 3 of Article 1063) and other property that should be jointly owned. The personal property listed in Article 1063 includes pre-marital property, compensation or compensation for personal injury, property determined to belong only to one party in a will or gift contract, and special daily necessities.

There is also a need for convergence with the rules of succession. Article 1123 of the Civil Code stipulates that succession shall be handled in accordance with legal succession after the commencement of succession. Inheritance from the death of the heir, the inheritance itself has personal attributes, whether to accept the inheritance, whether to give up the inheritance, by the heir himself to decide, this point in divorce proceedings often become the focus of dispute between the two sides.

The core point of the 2.: how to write a will and how to do if the inheritance is not completed.

1. How to express the will is "only to one party"

in order for the property to become the personal property of the children, the expression of the will must be clear. In practice, the more secure way of writing is to state that a certain individual inherits, belongs to him personally, does not belong to his or her spouse's joint property, and indicates the specific location of the property and the ownership certificate number. It is easy to understand that the statement that only the house is left to the son is not excluded from the common right of the spouse, and then it is recognized as the common property of the husband and wife. This should be clearly written when making a will.

2. How to deal with divorce when inheritance has not been completed

when the inheritance has not been completed and the property is still registered in the name of the decedent, the ownership of the property is usually not directly dealt with in divorce proceedings, and the court will generally inform the parties to claim another claim after the completion of the inheritance. If the heir expressly waives the inheritance and the other party claims that the waiver infringes his property rights, it is usually difficult to obtain support, because the inheritance right has personal attributes, whether to accept the inheritance should be decided by the heir himself, and the consequences shall be borne by the heir himself.

3. Boundary Conditions: Segmentation Mode and Purchase Restriction Policy

property is divided in more ways than who owns it in divorce. If the property belongs to the common property but neither party claims ownership, the price may be divided after auction and sale. The amount of discount compensation also takes into account whether there is a mortgage on the property, whether there is an undivided share of other heirs, and whether special policy restrictions such as homesteads and rural houses are involved.

Another type of boundary appears at the policy level. The acquisition or transfer of real estate after divorce may be affected by the local housing purchase restriction, purchase qualification and number of units. Such preconditions should be verified at the consultation stage to avoid unenforceability of the judgement.

Practical Experience of 4. Lawyers

whether the property inherited after marriage is common property or not, the order of judgment is actually very clear: first look at whether there is a will, and whether it is stated in the will that it is only inherited by one of their children and belongs to their personal property. Any written clearly, generally belongs to personal property, divorce does not participate in the division, the spouse also has no right to claim discount compensation. The results of the two types are very different, so when I receive this kind of consultation, my first sentence always asks: did the old man leave a will and how did he write it.

If you want to leave the house to your own children through a will, the statement must be specific. A more secure way of writing is to state that a person inherits, owns and does not act as the joint property of the husband and wife with his spouse, and to write clearly the location of the property and the number of the ownership certificate. It is easy to understand that words such as leaving it to the son in general terms do not exclude the common ownership of spouses, but do not play a role in isolation. In addition, the right of inheritance itself has a strong personal attribute, whether to accept, whether to give up by the heir himself, this point in divorce proceedings often become the focus of controversy between the two sides, do not be urged by the other side to give up or accept quickly.

There is also a point in time that must be reminded in practice: if the inheritance has not been completed at the time of divorce and the property is still registered in the name of the decedent, the court will generally not directly deal with the ownership of the suite in the divorce case, and will usually have to wait until the inheritance is completed before claiming another claim. Therefore, in case of such situations in divorce negotiations, it is better to set aside arrangements for future claims and compensation in the agreement, rather than force a negotiation. If the inheritance has been completed and the real estate registration is in place, it should be included in the property list as soon as possible, and be careful not to be mentioned by the other party on the grounds that it has not yet been transferred.