If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may rule that the real estate belongs to the registrant, and the outstanding loan is the personal debt of the registrant. At the time of divorce, the party registering real estate shall compensate the other party in accordance with the principle stipulated in Article 1087th of the Civil Code.
First, how to divide the property between husband and wife.
1, physical division method, that is, both parties get their due share, but on the premise of not affecting the efficacy, value and use of the property.
2. The method of dividing the price of gold, that is, the sale of * * * goods, the two sides divide the price of gold. This method is mainly applicable to the situation that the same thing cannot be physically divided or its value and use may be reduced after division.
3, price compensation division method, that is, * * * property is divided to one party, and the party who gets the * * * property compensates the other party at a price equivalent to the value of the property.
Second, husband and wife own property.
The common property of husband and wife refers to the property acquired by both husband and wife during the marriage relationship. During the marriage relationship, get a marriage certificate until one party dies or divorces. The following property belongs to the husband and wife, unless otherwise agreed by both parties.
1, salary and bonus.
2. Income from production and operation.
3. Intellectual property income.
"Income from intellectual property rights" refers to the property income actually obtained or can be clearly obtained during the marriage relationship.
4. Inheritance or gift of property.
Except for the property that is determined to belong exclusively to the husband or wife in the will or gift contract. After the parties get married, if the parents contribute to the purchase of houses for both parties, the contribution shall be considered as a gift to both husband and wife, unless the parents explicitly express that it is a gift to one party.
5. Other property that should be owned by * * *. "Other property that should belong to * * *", including:
(1) The income obtained by one party through personal property investment;
(2) Housing subsidies and housing accumulation funds actually obtained or should be obtained by both men and women;
(three) the old-age insurance and bankruptcy resettlement compensation actually obtained or should be obtained by both men and women;
(4) The same creditor's right obtained by husband and wife.
6. Property managed and used separately
Property acquired after marriage shall be regarded as the joint property of husband and wife if it is managed and used separately by the husband and wife living in two places; When dividing, the principle is to keep the original state, and when the value is wide, it is necessary to make up the difference. However, if both parties have an agreement, they must abide by it.
7, part of the military demobilization fees, jobs.
Involving one-time expenditures such as demobilization fees and self-employment fees paid to military personnel, the duration of the marital relationship between husband and wife is multiplied by the annual average, and the amount obtained is the joint property of husband and wife. "Annual average" refers to the amount obtained by dividing the above-mentioned total expenses paid to military personnel according to specific years. Its specific life span is the difference between the average life span of 70 years and the actual age of soldiers when they join the army.
8. Gift money
If you are registered to get married, but have not lived together, the gifts and gifts given by one or both parties should be regarded as the joint property of husband and wife, and the source and quantity of the property should be considered when dealing with it. In principle, the property purchased and used by each party belongs to each party.
9, the agreement is unknown or unverifiable property.
If the agreement between husband and wife on the property obtained during the marriage relationship is not clear, it shall be deemed as joint ownership by husband and wife; If it is difficult to verify and determine the nature of property ownership, the party claiming the right has the responsibility to provide evidence. Can not provide evidence, according to the joint property of husband and wife.
legal ground
The Supreme People's Court's Interpretation on the Application of Marriage and Family in the Civil Code of People's Republic of China (PRC) (1) Article 78 A husband and wife sign a real estate sales contract before marriage, pay the down payment with their personal property, and repay the loan with their personal property after marriage. If the real estate is registered in the name of the down payment, the real estate shall be handled by both parties through agreement at the time of divorce.