Insights

How to divide the compensation for divorce and demolition in Ningbo? 4-step share

Ningbo Author：LuXu WANG

Old houses are included in the scope of expropriation, and an agreement often brings millions of yuan in cash plus two or three resettlement houses. The whole family was happy when the money arrived. It was only when the husband and wife broke up that they found out that the internal structure of the money was complicated. Which part belonged to the common property and which part belonged to specific personnel, and the difference was hundreds of thousands of yuan.

1. compensation is not a sum of money but a group of equity.

The expropriation compensation agreement appears to have only one total amount, but it actually consists of multiple names, and the attribution rules for each name are different. Dividing the total amount directly in half is the most common misunderstanding, and it is also the main reason for the second dispute afterwards. The correct approach is to split the items first, then characterize them, and finally calculate them.

Compensation consists of four plates

the first section is the compensation for the value of the house, with the ownership of the house to be expropriated; The second section is the relocation fee, temporary resettlement fee and the loss of suspension of production and business, which are related to the actual residential operators. The third section is decoration and accessory compensation, which will be handled together with the house. The fourth section is all kinds of rewards and population resettlement subsidies, which depend on the specific policy caliber and resettlement objects.

The first step of the 2.: to identify the nature of the ownership of the house being expropriated.

Article 1063 of the the People's Republic of China Civil Code lists one party's premarital property as personal property. If the expropriated house is a personal property right house acquired by one party before marriage, the compensation part of the house value is still owned by the individual in principle, which belongs to the transformation of the property form. Homestead housing depends on the composition of the family population at the time of approval.

3. Step 2: Split the names in the compensation agreement.

Check the schedule of the agreement one by one and mark each amount clearly with its corresponding basis. The loss of suspension of production and business is directed to the actual operator, the relocation and temporary resettlement fee is directed to the actual resident, and the decoration compensation is directed to one or both parties that contributed to the decoration. The more detailed the name is broken down, the more valid the subsequent claims are and the easier it is to reach agreement in the mediation.

How does the population resettlement part belong?

The subsidy or resettlement area calculated and distributed according to the resettlement population is generally shared by the persons included in the resettlement list. If the spouse is included in the list, the corresponding share belongs to his personal interest and is not lost because the house is premarital property; if it is not included, it is difficult to claim the share. The resettlement list and population verification form are the core evidence.

Step 3 of the 4.: Confirm the relationship between the time of signing the contract and the duration of the marriage

if the time of signing the contract and the payment to the account falls during the existence of the marriage relationship, it enters the scope of discussion of common property; if it falls before marriage or after divorce, it is generally not included in the division. It should be noted that the actual arrival of the account is often later than the signing of the contract, and the judgment is based on the point of acquisition of the right, rather than the bank's entry date.

5. Step 4: Accounting for the part that has been purchased or invested.

The compensation is rarely deposited as is, and is mostly used to purchase resettlement housing, repay loans or put into operation. The morphological conversion does not change the property attributes, but the calculation base should be determined by the present value of the converted property. The purchase of a house registered in the names of both parties with personal compensation is usually regarded as a gift to the other party, unless there is an agreement to the contrary.

Different Algorithms for Resettlement Housing and Monetary Compensation

if the property right exchange is selected to obtain the resettlement house, the object of division is the housing interest, which shall be accounted for according to the market value at the time of delivery; if monetary compensation is selected, the object of division is the payment itself and its interest. If the two ways of the same family coexist, they should be listed separately and cannot be simply converted according to the proportion of the total amount.

6. material list and retrieval sequence

it is recommended to obtain in this order: real estate certificate or homestead approval document; Collection compensation agreement and schedule; Settlement population verification form; Compensation payment voucher; Settlement housing purchase contract and payment record. Reversal of the order is easy to lack parts at key nodes, especially the resettlement population verification table, which can only be obtained through the collection department.

7. case proof

the expropriated house is a property right house acquired by one party before marriage. If a compensation agreement is signed during the existence of the marriage relationship, the compensation part of the house value is generally still owned by the individual of the party and belongs to the conversion of the property form. The court usually supports the share of the corresponding spouse in the resettlement subsidy calculated according to the family population. Ningbo Court insists on "characterization first, calculation later" in similar division: for example, in the case of property dispute between Xu and Chen Mou after divorce heard by Zhenhai Court, the property registered in the names of both parties was awarded to the plaintiff, and the plaintiff paid the defendant a discount compensation of 744362.67 yuan (according to the public judgment of Ningbo Zhenhai Court); In Ninghai Court (2011) Yongning Minchu Zi No. 1335 case, after the undivided house was auctioned, the court decided that the plaintiff had 235000 yuan and the defendant had 285000 yuan according to the confirmed share (according to the public judgment of Ningbo Ninghai Court).

For the expropriated house decorated with common property, the decoration compensation part is recognized as the common property of the husband and wife, which shall be divided equally by both parties. The loss of suspension of production and business operation points to the actual operator. If the main body of the operation is the joint investment of both parties, the item is also divided according to the common property, and the specific proportion refers to the actual investment of both parties. The specific amount is subject to the conclusion of the assessment and the evidence, and is not simply discounted in proportion to the total amount.

8. Risk Alert

  • the total amount is one-size-fits-all: it is divided into half and half without splitting the name, and individual compensation is mixed with common compensation, which is very easy to reverse the case afterwards.
  • Missing resettlement list: if the population verification table is not obtained, the resettlement share belonging to oneself may be ignored as a whole.
  • Only the time of recognition: judging the attribution by the date of bank entry will lead to the opposite conclusion to the point of acquisition of the right.
  • The resettlement house is registered at random: the purchase of a house with one party's personal compensation is registered in the name of both parties, which is usually regarded as a gift and is difficult to withdraw.
  • Ignore the transition fee: the temporary settlement fee is paid on a monthly basis and has a long term, the cumulative amount is not small, and the omission is the net loss.
  • No decoration vouchers: decoration compensation claims lack of invoice and contract support, the court is difficult to confirm the funder.

9. FAQ

the house that was demolished was a premarital house. Can't I get any compensation?

Not necessarily. Part of the compensation for the value of the house generally belongs to the individual owner of the property, but the spouse can still claim the right to the corresponding share of the resettlement subsidy issued according to the population, the decoration compensation formed by the joint contribution, etc.

The resettlement house has not been delivered yet. Can it be handled together in the divorce case?

Equity vesting can be dealt. If the house has not yet been certified, the court generally first confirms the share of rights, and then handles it separately after the registration conditions are met, or one party obtains and compensates the other party.

Does the daughter-in-law count as a resettlement population when the homestead house is demolished?

The resettlement list approved by the collection department shall prevail. If it is included in the list, it shall enjoy the corresponding resettlement rights and interests; if it is not included, it is usually difficult to claim this part separately.

The compensation was transferred to the parents by the other party, can it be recovered?

can claim. If it is a hidden or transferred common property, the party may divide it less or not at the time of division, and if necessary, the payee may be treated as a third person together.

Practical Experience of 10. Lawyers

the collection of compensation is not a sum of money, but a package of rights and interests: some are compensation for the value of the house that follows the house, and some are relocation fees, resettlement subsidies and rewards that follow the people. Dividing the total amount directly in half is the most common misunderstanding and the root cause of the second dispute afterwards. Therefore, the first step is not to divide the items in a hurry, but to dismantle the items first, then to characterize them, and to see who they should belong to item by item. The more detailed the name is broken down, the clearer the ownership is, and the less likely it is for the other party to use the sentence "just so much money, share it" during the negotiation.

It is suggested to do four things in sequence: first find out the ownership nature of the house to be expropriated, whether it is premarital property, common property or family common property, and who is the owner; Then split the names in the compensation agreement and correspond to their respective attribution rules; Then confirm whether the time of signing the contract and compensation payment falls within the duration of the marriage; Finally, calculate the part that has been used to buy a house or invest, and see what property it has been converted. In terms of materials, the compensation agreement, the housing ownership certificate, the marriage registration information, the payment receipt and expenditure vouchers can be adjusted as much as possible.

It is easier to support and talk about a request by name and by share than a general request to divide it in half. If the compensation has not yet arrived or the resettlement house has not yet been delivered, it is necessary to consider whether to lock in the rights and interests now or to divide them in the future, and not to use a general one-time settlement to give up the future benefits. Demolition funds often involve parents, children and other resettlement objects, and family affairs and affection are very important. When negotiating, it is easier to sort out the share of each person's name before talking about the part of your small family.