Division of ownership of resettlement houses:
1. The demolished house is a private house, and its ownership was obtained by one of the husband and wife before the marriage registration.
This kind of demolition and resettlement house should be regarded as the personal property of one party and cannot be divided into the common property of husband and wife.
2. The demolished house is a private house, and its ownership was obtained after the marriage registration. The price difference between the demolished house and the resettlement house is jointly funded by the husband and wife.
Such demolition and resettlement houses should be recognized as the common property of husband and wife.
3. The house to be demolished is the private house of one parent of the husband and wife. After the marriage, the house is demolished, and the property right of the resettlement house is registered in the name of the husband and wife. The difference between the property right exchange of the demolished house and the resettlement house is solved by the husband and wife, and the demolished house should be regarded as the common property of the husband and wife.
4. If the public houses rented by one spouse before marriage are demolished after marriage, and the property rights of resettlement houses are registered in the name of one spouse, they shall be deemed as the joint property of husband and wife, and shall be divided according to law at the time of divorce.
5. The house to be demolished is a public house rented by one parent of the husband and wife. After the marriage, the house is demolished, and the property right of the resettlement house is registered in the name of the husband and wife. The price difference is settled by both husband and wife, and the demolition and resettlement house should be regarded as the common property of husband and wife.
What are the risks of purchasing demolition and resettlement houses?
1. Rising house prices can easily lead to seller's default.
According to local laws and judicial practice, after the property right of the first-class resettlement house is acquired, there is a five-year transfer restriction period, and the property right certificate is usually not obtained when the house is resettled. Therefore, after signing a contract with the other party, there may be cases where the house cannot be transferred. Although it has already moved in, the ownership is not its own. If the house price rises too fast, the other party will default due to huge interests.
2.* * * Risks caused by people.
Usually the compensation for resettlement houses is mostly tens of square meters per family, and finally * * * has a suite. In this case, the risk of buying a house is much greater, and the risk of buying and selling resettlement houses in daily life is mostly related to "* * * someone". According to the relevant provisions of the Urban Real Estate Management Law, without the written consent of other * * * people, part of the real estate shall not be transferred, and the real estate has not been registered and obtained the ownership certificate according to law.
* * * If someone opposes the sale of houses, it will eventually lead to the invalidation of the sale of houses.
Legal basis:
regulations on the expropriation and compensation of houses on state owned land
Twenty-second because of the need to relocate the house expropriation, the house expropriation department shall pay the relocation fee to the expropriated person; If the house property right exchange is selected, before the house property right exchange is delivered, the house expropriation department shall pay the temporary resettlement fee to the expropriated person or provide the revolving house.