Insights

Should Ningbo Demolition Compensation Divorce Be Half

Ningbo Author：LuXu WANG

Demolition compensation is the "highlight" of divorce property, and it is also the most misunderstood: some people think that "half of what you get in marriage", and some people think that "the house belongs to me if it belongs to my ancestors". The truth is whether compensation is based on "area" or "population.

Two calibres of 1. demolition compensation

demolition compensation is often calculated according to the combination of "demolished house area" and "resettlement population. Area compensation points to house ownership, and population compensation points to the resettlement benefits of registered persons. Divorce to divide, first see the money in the end according to which caliber.

distinguish between "house money" and "people's money"

area compensation is the consideration of the ownership of the house, which belongs to the owner, and the population compensation is the arrangement of the residential resettlement of specific family members, which belongs to the registered population. Mixing up and saying "all in half" is the easiest way to make a mistake.

Attribution of 2. compensation by area

if the demolished house is the personal property of one party before marriage, the corresponding area compensation usually still belongs to that party, and the divorce does not participate in the division. Even if the demolition takes place within marriage, the nature of the compensation follows the ownership of the original house.

Pre-marital room ≠ all undivided

if the house is rebuilt or expanded with common property after marriage, the corresponding compensation value-added part of the expansion may have common attributes. We cannot exclude all of them with the word "ancestral property.

3. portion compensated by population

if the compensation scheme includes a population-based settlement fee and a transition fee, and the spouse and children are registered, these benefits usually belong to the registered family members and should be treated as joint or related members' interests in divorce. The most direct way to verify the "registration" is to check the list of resettlement population specified in the compensation agreement, and check it in combination with the residence booklet and residence registration certificate, and check it out before signing a contract or litigation to avoid missing or miscalculating the share.

Don't Ignore Temporary Resettlement and Rewards

relocation incentives and temporary resettlement fees are also often calculated on a population or household basis, not just on housing compensation. Take it apart item by item before you know which one belongs to whom.

4. after marriage to build a house demolition

after marriage, the husband and wife jointly funded the construction, renovation of the house demolition, compensation generally has a common property attribute, divorce can be divided according to law. Construction contribution and contribution are the key to judge the share.

How to prove the capital contribution of renovation

valid vouchers include building materials purchase invoices, settlement documents and receipts of construction teams, building approval and acceptance materials issued by villagers' committees, and transfer records during construction. If there is a lack of bills, the testimony of the construction personnel can be used to supplement the bank cash withdrawal records at that time. The photos and area mapping data of the house before and after the renovation can visually reflect the increment, and the court has more basis when determining the value-added range, usually calculated according to the difference between the assessed price after the renovation and before the renovation.

The names in the 5. compensation agreement should be taken apart item by item.

A demolition compensation agreement often contains five or six names, the nature of each is different. The compensation for the value of the house corresponds to the demolished house itself, and the compensation for the house belongs to whoever it belongs to; the compensation for decoration depends on the point of time when the decoration is contributed, and the joint contribution for decoration after marriage shall be divided; the relocation fee and temporary resettlement fee shall be accounted for according to the actual relocation and transitional living expenses, which usually belong to the actual expenditure party.

Population resettlement subsidies, contract awards and early relocation awards are more related to family membership and joint cooperation behavior, and spouses can generally claim their shares. Corresponding each amount to the name and then judging the attribution item by item is much more effective than arguing about whether the demolition money should be divided in half. When signing the agreement, the amounts should be clearly divided, which can avoid the dilemma that cannot be split in the future.

6. case proof

in practice, if the demolished house is one party's premarital personal real estate and the compensation is calculated according to the construction area, the corresponding compensation shall not be divided as personal property when divorcing; however, the value-added part formed by jointly contributing to the renovation and addition of floors after marriage can be accounted for separately, and the proportion of the other party's share is usually 50% of the value-added part.

In practice, if the demolition plan includes the resettlement subsidy calculated by population and the spouse is included in the resettlement population, this part shall be treated as the common interests of family members. In the event of divorce, the number of registered persons shall be divided equally. The spouse may claim his own share. The common algorithm is that the total amount of population subsidy is divided by the number of registered persons.

In practice, if the demolition agreement divides the compensation into items such as house value compensation, relocation fee, temporary resettlement fee and incentive fee, the court judges the ownership item by item, among which the relocation and temporary resettlement fee are usually recognized as common property due to the occurrence during marriage. Reward fee is determined according to the signing subject and the registered population, usually accounting for 5% to 15% of the total compensation, and the single household amount is mostly between 400

00yuan and 200000 yuan.

7. Risk Alert

  • I thought that I would get it in marriage and ignore the ownership of the original house.
  • The phrase "ancestral property" excludes all and omits the value added after marriage.
  • Only housing compensation, omitting the population placement fee.
  • The compensation scheme is not disassembled and the share is unclear.
  • The registered residence has not been verified, and the interests of the population have not been calculated.
  • The incentive fee and the placement fee are not distinguished, and the whole sum is a common property claim.

8. FAQ

does the divorce of demolition money have to be divided into half?

Not necessarily. According to the area of compensation to the original housing ownership of the person; according to the population of the listed members, to be sub-itemized.

Who is the compensation for the demolition of the house before marriage?

Area compensation with the original house, usually to the individual.

Can the spouse of population compensation be divided?

If the spouse is registered, the population placement benefit is usually treated as a member benefit.

How to divide the house demolition after marriage?

Many have common attributes and are divided according to the law according to the contribution and contribution.

Demolition is for resettlement housing, not money, can it be divided?

The same can be done. Resettlement housing is only another form of compensation. The division idea is the same. First, look at whether it corresponds to housing value or population resettlement, and then decide on attribution and discount compensation.

Practical Experience of 9. Lawyers

demolition compensation is the highlight of divorce property, and it is also the most misunderstood: some people think that they should get half of what they get in marriage, and some people think that all their ancestral houses belong to them. The truth depends on whether compensation is based on area or population. Area compensation is essentially a consideration for the ownership of the demolished house, pointing to the owner of the house; population compensation is an arrangement for the residential resettlement of specific family members, which is registered and included in the resettlement. If you mix these two pens together and say that they are divided into half, it is most likely to make a mistake. First, distinguish the caliber and then talk about attribution.

Specific to individual cases, it should be divided into different situations: if the demolished house is the personal property of one party before marriage, the corresponding area compensation usually still belongs to that party, and divorce does not participate in the division; If it is the part formed by the reconstruction and expansion jointly funded after marriage, the corresponding compensation will be divided. The resettlement benefits calculated by population will fall on each family member to be resettled. The ownership of compensation, housing and other property purchased with compensation after marriage will also continue to be pursued. Crossing the two variables, the caliber of compensation and the source of the house, is the only way to determine who should go to each sum of money.

Operationally, the first thing is to take apart the names in the compensation agreement item by item, and see which are housing area compensation, which are population resettlement, which are transition fees and rewards, so as not to be swallowed up by the total amount. Corresponding evidence, including compensation agreements, housing ownership materials, household registration and registered personnel certificates, evaluation reports, etc., should be collected as fully as possible. During the negotiation, it is more effective than empty talk to fight back with the name of the agreement and the evidence of ownership when confounding the caliber of the way map and saying that population compensation is housing compensation.