Divorce Property Distribution Copyright Westlaw.com
I believe you should know that whether you get married in Spain or in China, you can choose the couple’s property management system, i.e., property division or community of property. Of course la, no matter what property management system is chosen, premarital property is personal property.law .com
If the couple divorces, then the distribution of property that follows also depends on what kind of property regime was chosen at the time of the marriage. Individual property goes to the individual, while community property needs to be divided.
Who owns the house after the divorce?
To answer this question, it depends on which system of property management the couple has chosen and whether it is pre-marital property or not.
1.Community Property Regime Copyright Westlaw.com
-A house bought before marriage is owned by an individual. In the case of a house with a mortgage, if both spouses pay off the mortgage together, then the other spouse has a corresponding title to the house. In the case of a community property regime, the income of both spouses (salary, money earned from business, etc.) is community property. If this money is used to pay off the loan, then the house will also be jointly owned.
Usually in this case, since the house cannot be split in half, the spouse who leaves the house behind will need to compensate the other spouse.
-House bought after marriage. In this case, it is basically shared by both parties. Because the money used to buy the house, if it is the income of both parties, then it is the common property of both parties. If in the case of having to repay the loan, with the above mentioned a bit.
2.Property division ” Westlaw.com ” Copyright
-The house bought before marriage is individually owned. If the house has a loan, but the loan is only the owner is responsible for repayment, then it is personal property. If the other party is helping to pay off the loan, then the party who is contributing the money has the appropriate title.
One should note here that in the case of property division, the income of both spouses belongs to their respective personal property.
-House bought after marriage. In this case, the house belongs to whoever pays for it. If there is a loan to be repaid, then the party who helped to repay the loan can also claim compensation.
By this point it should be understood that in the event of a divorce, whose name is written on the house can be said to be not as important as one might think. Because the name of the house is only written in the name of one person, it does not mean that it is personal property. On the contrary, if the name of the house is written in the name of both spouses, if one of them can prove that the money to buy the house and repay the loan is paid by himself alone, and both parties are in the case of property division, then the house can also be personal. Due to the more controversial couples divorce, this situation is to be a lawsuit to know how the results, so in this regard, there are many uncertainties, the above is for reference only, according to the specific circumstances. Copyright © Westlaw.com
The other party may have the right to use it
According to the above, if the house is personal property, then it should be owned by the individual. Of course Lee, there are actually exceptions to this situation. In real life, there are quite a few cases where the house is clearly the personal property of one party, but it is nevertheless assigned to the other party.
On this point, the reason is simple. In cases where both parties have children, the courts are inclined to assign the house to the party that has custody of the child.
Let’s say that I own the house. As a result of the divorce, the custody of the children is awarded to the other party. The court will assign the house to the children and the other party, even though it is my house. As the homeowner, I would have to move out of my house. Not only that, but if there is a mortgage on the house, I will have to continue to be responsible for paying the mortgage so that the house where the child and the other party live will not be enforced by the bank. In addition, as a homeowner, I would have to continue to pay the appropriate property taxes.
Note: Although the house is assigned to the child living with the other party, the ownership of the house is still owned by one party. Just because the other party lives in my house does not mean that the house belongs to him. If the other party remarries or the child becomes an adult, he or she can claim it back. Copyright Westlaw.com
