How to divide the divorced real estate after the court auction?
First, how to divide the divorce real estate court after auction? As long as both parties agree to divide the property, that is, one party obtains the property and then compensates the other party for half the value of the property according to the market value. If it cannot be returned, it shall be regarded as the repayment plan of the debt. Second, how to divide the divorce property? If one spouse buys a house with personal property before marriage and mortgages it, and the property right certificate is registered in his own name, the house is still his personal property. Similarly, mortgage loans are personal debts. After marriage, one of the husband and wife participates in paying off the loan without changing the nature of the house as personal property. Therefore, when the divorce property is divided, the house is personal property, and the remaining unpaid debts are personal debts. Compensation for the part paid off by one spouse and the corresponding value-added part of the loan returned. If the real estate license is registered in the name of one party, but the spouse has evidence to prove that the house was jointly funded when buying a house before marriage, the house is still the personal property of the registrant of the real estate license when the house is split up, and the remaining outstanding debts are his personal debts, but the part of the down payment and the repaid loan that belongs to the spouse's contribution and settlement and the corresponding proportion of value-added part shall be compensated. If the spouse also has evidence to prove that the house purchased before marriage is owned by * * * *, although the house is registered in the name of one party, it should still be recognized as the joint property of husband and wife. Divorced houses should be divided according to the principle of * * * same property. Similarly, its mortgage debt is also the same debt. However, when dividing all the real estate, if the proportion of the parties' investment is quite different, and the marriage life is inconsistent or the marriage relationship lasts for a short time, it should also be considered together. Real estate can be divided with reference to the proportion of capital contribution at that time, and it is not appropriate to stick to half-division. We often see disputes over property division after divorce, including property division after divorce. Under normal circumstances, we will divide the property jointly owned by husband and wife equally to ensure that the interests of both parties are reasonable and inviolable. However, for the division of real estate, it is generally necessary to consider the actual situation of the child-raising party.