Legal information

When divorcing, the division of joint property needs to follow several principles. If the couple can reach an agreement but cannot, they can sue the court and request a court ruling. So how to litigate disputes over the division of property in a demolished house after divorce? Next, let’s learn more about it with the editor of Yingting Law Firm.

How to file a lawsuit over a dispute over the division of property in a demolished house after divorce?
1. Prepare a civil lawsuit
2. Bring a lawsuit to the people's court with jurisdiction and submit relevant evidence materials
3. Attend and participate in litigation activities on time according to the notice of the People’s Court
4. If you are dissatisfied with the first-instance judgment or ruling, you should appeal to the original People's Court or the People's Court at the next higher level within 15 days after receiving the judgment or within 10 days after receiving the ruling, and submit an appeal petition.

Yingting Law Firm handles many complex dispute cases in the field of administrative litigation and has a profound theoretical foundation and practical experience. Use solid legal knowledge and theoretical literacy to study a series of legal issues in administrative litigation, and have accumulated rich experience in handling cases in many aspects such as house demolition disputes, agricultural land expropriation and conversion disputes, illegal construction disputes, administrative agreements, administrative promises, land rights confirmation, land contract contracts, civil contracts, etc. We always practice the concepts of rigorous, realistic, civilized and just rule of law and strive to safeguard the legitimate rights and interests of our clients.

Generally speaking, the prosecution process for house demolition and division disputes during divorce is for the plaintiff to prepare a civil lawsuit and relevant evidence materials and submit them to the civil court where the house is located. The court that meets the conditions for filing the case will issue a notice of filing the case to the plaintiff, and then the plaintiff will appear in court on time according to the time notified by the people's court. Generally speaking, the judgment will be issued within 6 months after the filing of the case.

In judicial practice, not all demolished houses are small-property houses, and the division of demolished houses should also be analyzed based on specific circumstances. If the demolished house itself is the joint property of the husband and wife, the demolished house compensated by the government department is naturally the joint property. The husband and wife have equal rights to dispose of the common property, and the husband and wife can choose a variety of division methods.

What are the ways to divide jointly owned property in divorce? When the two parties cannot reach an agreement on the value and ownership of the house in the joint property of husband and wife, the people's court will handle it according to the following situations:
(1) If both parties claim ownership of the house and agree to bid to acquire it, permission shall be granted;
(2) If one party claims ownership of the house, the appraisal agency will evaluate the house according to the market price, and the party who obtains the ownership of the house shall provide corresponding compensation to the other party;

(3) If neither party claims ownership of the house, the house will be auctioned or sold based on the application of the parties concerned, and the proceeds will be divided. If you want to know more about this, you can consult lawyer Ying Ting for one-on-one online consultation.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.