My wife and I have been married for ten years. My wife and I share a set of property houses, each of which has a half share. There is also a public rental house (single room) in which my mother arrived in my name six years ago. Divorced, does my wife have the right to rent the public rental housing? My wife also has a property house (her pre-marital property) in her name. Will the court award the public rental housing to her?
Hello, according to Article 21 of the Supreme People s Court s Judicial Interpretation of Marriage Law (2), at the time of divorce, if the two parties have disputes and cannot negotiate on a house that has not yet acquired ownership or has not fully acquired ownership, the people s court should not judge the house. Ownership of the ownership shall be determined by the parties for use according to the actual situation. After obtaining the house property right certificate, either party will bring a lawsuit to the court separately. As for the right of residence, if one party does not have the right to rent a public house rented before marriage to the other party and it is really difficult to solve the housing problem, the people s court can mediate or rule on 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. In addition, in handling public housing leases, comprehensive consideration must also be given to the principles of caring for women and their children, taking care of life difficulties and the party without fault.
Since the right of use can only be awarded to one party in the end, the continuing lessee should make appropriate compensation to the other party. The standard of appropriate compensation can refer to the demolition regulations and the standard price of the same kind of housing announced by the relevant local government department at the time of divorce to get half of the resettlement cost as compensation to the other party.