Legal analysis: 1. The criteria for identifying the first home for divorce in Hangzhou are:

(1) Only one mortgage record can be found in the bank’s internal system, and the mortgage has been paid off; There is no house in Hangzhou (including Yuhang and Xiaoshan);

(2) The house that was previously mortgaged must have been transferred, and a house sales contract and other transfer certificates must be issued to the bank.

(3) For mortgage buyers who meet the above conditions, the down payment can be reduced, but the loan interest rate is still 1.1 times the benchmark interest rate.

2. Conditions for buying a house in Hangzhou in 2020

(1) Hangzhou household registration

Adult single (including divorced) people with household registration in this city are limited to purchasing one house in the purchase restriction area Housing (including newly built commercial housing and second-hand housing, the same below)

Married resident families with household registration in this city are limited to purchasing 2 houses in the purchase restriction area

Those whose household registration is moved to Tonglu or built in Tonglu from other places Residential households in the four counties (cities) of De, Lin'an and Chun'an can only purchase housing in Hangzhou's purchase-restricted areas for 2 years from the date of moving their household registration, and the city's purchase-restriction policies will be implemented.

(2) Non-Hangzhou household registration

Non-Hangzhou household registration households purchasing their first home must provide personal income tax paid in this city for more than 2 consecutive years in the first 3 years from the date of purchase. Or social insurance (urban social insurance) certificate. (Families who are not registered residents of this city are not allowed to purchase housing by paying personal income tax or social insurance)

Legal basis: "The People's Republic of China and the Civil Code"

Article 1000 Article 76 If both spouses wish to divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement should state the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt settlement.

Article 1,079 If one spouse requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the People's Court.

When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted.

If mediation fails under any of the following circumstances, divorce shall be granted:

(1) Bigamy or cohabitation with others;

(2) Domestic violence committed Or abuse or abandon family members;

(3) Have bad habits such as gambling and drug abuse and refuse to change despite repeated admonitions;

(4) Separated for more than two years due to emotional discord;

(5) Other situations that lead to the breakdown of the relationship between husband and wife.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court has ruled that divorce is not allowed, and the two parties have lived apart for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

Article 1085. After divorce, if a child is directly raised by one party, the other party shall bear part or all of the child support. The amount of expenses to be paid and the length of the period shall be agreed upon by both parties; if the agreement cannot be reached, the People's Court shall make a decision.

The agreement or judgment stipulated in the preceding paragraph shall not prevent the children from making reasonable demands to either parent that exceed the original amount of the agreement or judgment when necessary.

Article 1,087 When divorcing, the joint property of the husband and wife shall be handled by agreement between the two parties; if the agreement cannot be reached, the people's court shall take care of the children, the wife and the widow according to the specific circumstances of the property. Principle judgment on the rights and interests of the at-fault party.

The rights and interests enjoyed by husband or wife in family land contract management shall be protected in accordance with the law.