As house prices rise, disputes over divorce over how to divide the house also increase year by year. How to divide the house when divorced, how to divide the divorce of the rented public house, and who is the tenant of the divorce? Here are the difficulties that everyone has questions about, and this article will analyze them one by one, hoping to provide you with some help.
Public rental housing refers to public rental housing. It is a product that solves the housing difficulties of sandwich groups such as newly employed workers. Public rental housing is not owned by individuals, but is owned by the government or public agencies and is leased to newly employed workers at a price lower than the market price or the price afforded by the lessee. So, how to divide the divorced public rented house? Who belongs to the divorced public rented house? Because the public rented house is a property that has not obtained the property rights, when the divorce is divided, it cannot be judged who the house belongs to, but only who lives and enjoys the use of the residence. right. The specific method is:
When the divorced public rental housing is divided, the two parties can negotiate to reach an agreement on who will continue to live in the public housing housing. When an agreement is reached, a public rental housing division agreement can be signed to determine which party to live in. What is the length of residence and how is the other party compensated.
At the time of divorce; if the parties have disputes over the use and lease of public housing, they can ask the court to deal with it. At this time, how to divide the divorced public rental housing? First, it is necessary to determine which party to divorce has the right to continue to rent, and then deal with it according to the wishes of the party to the rent.
After divorce, both parties have the right to rent: ① the public house rented by one party before marriage, the marriage relationship lasts for more than 5 years; ② the house rented by the party before the marriage, both parties are employees of the unit at the time of divorce; After the marriage, the husband and wife jointly repay the loan; ④ After marriage, one or both parties apply to obtain the public housing lease right; ⑤ The public house leased by the pre-marriage party, after the marriage, the house lease right is acquired. At this time, both husband and wife can rent public housing, so when dividing up, they are generally dealt with in accordance with the following principles: ① take care of the one who raises the children; ② both men and women take care of the woman under the same conditions; ③ take care of the disabled or the difficult person; ④ Take care of the party without fault. For a public house that can be rented by both spouses and leased by one party , the lessee may give the other party appropriate financial compensation.
At the time of divorce, if the husband or wife does not have the right to rent the public house rented before marriage by the other party and it is really difficult to solve the housing problem, the people s court can mediate or judge their temporary residence. The temporary residence period generally does not exceed two years. During the period of temporary residence, the temporary resident shall pay the usage fee and other necessary expenses equal to the rent of the house. At the time of divorce, one party does not have the right to lease the public house rented before marriage by the other party. If it is really difficult to rent another house, if the party renting the public house is able to afford it, one-time financial assistance should be given.