Ningbo Divorce is divided into shops and office buildings? 5 types of investment real estate algorithm

Most people have a book in mind about how to divide the houses they live in. But once front houses, office buildings, apartments and parking spaces appear in the property list, the algorithm immediately becomes complicated. This kind of real estate has both market value and continuous rent, and often leads to operating contracts and loans. Any missing item in the division may cause a deviation of millions of yuan.

The difference between the division of 1. investment real estate and self-housing.

Self-housing usually only deals with ownership and discount, while operating real estate deals with three levels of content: the value of the house itself, the rental income generated during its existence, and the lease contract and tax burden attached to it. Article 1062 of the the People's Republic of China Civil Code includes the proceeds of production, operation and investment in common property, which means that rents are liquidated separately in most cases and cannot be overridden by house prices.

Income attribution depends on capital contribution or registration.

The registered name is only the appearance of the right, and the judgment of attribution still goes back to the source of the contribution and the time of acquisition. If it is purchased with common property after marriage, it is also common property registered in the name of one party; if it is purchased by an individual before marriage and has only natural appreciation after marriage, it is still owned by the individual in principle, but the rent generated by the rental business is generally recognized as common property.

The first category of 2.: shops that purchase before and after marriage to repay the loan together.

These are the most common. If the house is registered as a property right, the other party may request compensation for the joint repayment of the loan after marriage and its corresponding value-added. The common algorithm is: the amount of compensation is equal to half of the principal and interest of the joint loan repayment, plus half of the corresponding appreciation of the proportion of the principal of the joint loan repayment to the total investment in the house. The total price of the shop is high and the loan term is long, and this part of the compensation is often considerable. Ningbo Intermediate Court "to the case" column has introduced the Beilun District Court judge's compensation caliber-value-added index x (joint repayment of loans ÷ 2), consistent with the above-mentioned algorithm ideas, Ningbo local litigation can refer to the caliber of accounting compensation amount.

The second category of 3.: office buildings purchased jointly after marriage

the business premises acquired after marriage are common property and are divided equally in principle, but the court will consider the actual state of use. If one party is operating in it, the party shall be awarded more than one and pay a discount; if both parties have no business needs, the price may be divided through negotiation. If the parents have contributed when buying a house, they need to distinguish between borrowing, giving to one party or giving to both parties.

4. Class III: Business premises held in the name of the company or others

the number of houses registered in the name of family companies or relatives has increased year by year. At this time, the real estate itself cannot be divided directly, but should be achieved by dividing the company's equity or claiming a substitute interest. What needs to be transferred is the source of funds for the purchase, the company's accounts and the rent collection account, which proves that the purchase price actually comes from the joint property of the husband and wife.

How rental income is liquidated

rent liquidation is usually traced back from a number of years prior to prosecution, based on lease contracts, leasehold accounts and tax records. If one party has long-term exclusive rent and has not been used for household expenses, the other party may request the return of the corresponding share.

5. categories IV and V: small investments such as apartments and parking spaces

commercial and residential apartment transactions have high taxes and fees, poor liquidity, and there is often a gap between the assessed price and the actual transaction price, so it is advisable to negotiate according to the realizable caliber when dividing. Parking spaces should first see whether to handle independent property rights: those with independent property rights certificates can be divided separately; Only the right to use or tied to the residence is usually handled together with the main house.

How to choose the 6. valuation and segmentation method.

If the two parties have little difference on the price, they may negotiate the price, which is the most efficient; if the difference is large, they may apply for evaluation or use the bidding method, and the higher bidder will obtain and compensate the other party. Bidding is suitable for high-quality berths that both parties want, while evaluation is suitable for situations where one party has no intention of taking over and just wants to take money and leave.

What is the base date of the assessment?

The base date is generally based on the market price at the time of assessment, not the purchase price. When market volatility is significant, the choice of the base date directly changes the amount of compensation, which may be fixed in the agreement between the parties or expressed separately on the base date at trial.

7. case proof

in practice, if one party purchases a shop along the street with a pre-marital mortgage and repays the loan with common income after marriage, the house is owned by the registered party, and the other party may request compensation for the joint repayment of the loan and the corresponding value-added. Take the joint repayment of principal and interest of 800,000 yuan, the appreciation of 2 million yuan from the time of purchase to the time of division, and the joint repayment of principal accounting for 40% of the total investment as an example, the compensation amount is about 800,000 yuan. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

In practice, if the office building purchased after marriage has been rented out by one party, the rent entered into his personal account and has not been used for household expenses, the court, in addition to dividing the value of the house, usually supports the other party's claim for half of the rent for the last three years, and requires the provision of a lease contract and bank flow to be accounted. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

8. Risk Alert

• only sublet: ignoring the rental income during the operation is tantamount to giving up a common property that has lasted for many years.
• Follow the purchase price: the purchase price of the current year discount compensation, in the price increase of the lot will cause a significant loss.
• Missing the mortgage situation: the house has been set up mortgage to guarantee the debt of others, the hand may also face the risk of disposal.
• Ignoring the cost of taxes and fees: commercial real estate transfer taxes and fees are high, not agreed in the agreement to bear the party, the performance is very easy to change.
• Parking spaces are abandoned at will: parking spaces with independent property rights are separately divisible property and are easily taken away together with general treatment.
• Do not do preservation: the other party has been listed for sale business premises still does not apply for seizure, after the judgment may face no property to enforce.

9. FAQ

shops bought before marriage have been rented after marriage. Should the rent be divided?

Generally divided. The house itself is still personal property, but the rental needs to be managed, and the rent is mostly recognized as the joint property of the husband and wife, and the other party may claim a corresponding share of the rent during the marriage.

Office registration in the name of the company, can also be handled in the divorce case?

The house cannot be divided directly, but the company holding the house can be divided, or the corresponding interest can be claimed if the holding can be proved, and the value distribution can be realized in essence.

The other side does not agree with the assessment, only to say their own bid, how to do?

You can apply to the court for a commissioned assessment, or you can propose a bidding plan. What both parties want to acquire, the high bidder acquires ownership and compensates the other party, which is relatively fair to both parties.

The store has been leased until 2003. Is the lease still valid after division?

Effective. Neither the sale nor the division breaks the lease, and the party acquiring ownership is required to continue to perform the original lease contract, so the agreement should specify when the right to receive rent will be transferred.

Practical Experience of 10. Lawyers

most people know how to divide their own houses. Once there are facades, offices, apartments and parking spaces, the algorithm immediately becomes complicated. This type of property deals with three levels at the same time: the value of the house itself, the rental income generated during its existence, and the lease and taxes attached to it. Many parties only stare at the house price and take the rent with them. As a result, they either undercalculate or omit the calculation. The deviation may be very large. So the first step is to separate the three layers and then talk about how to divide them., One less layer, the result may be a lot worse.

First, it is sorted out by type: those who buy before marriage, repay the loan together after marriage, and those who buy with joint investment after marriage have different ideas; For those registered under the name of the company or others, it is necessary to look at the actual capital contribution and true ownership first, and do not be misled by the registered name. Then around how to value, how to divide the choice: discount compensation, or bid, or share by share, each has the applicable scenario. The appraisal report, lease agreement, rental flow and loan records should be collected. When it comes to operating houses, the relevant contracts and taxes should be clearly seen together. If one item is omitted, a large sum of money may be miscalculated.

The negotiating space for such property is often greater than imagined because its value and benefits are separated. We can talk about who owns the property rights and how to divide the proceeds, and how to renew the lease. Both sides can get what they need, which is easier to clinch a deal than to knock a total price. Also remind the parties: involving the company's name or on behalf of the operating real estate, proof and determination are more complicated, early to fix the capital contribution and ownership clues, in order to stand up in the negotiations, temporary search for materials is often too late., When the time comes, it will be very passive to try to save it.