1. The house to be demolished is the property of husband and wife before marriage, and the house to be demolished after marriage is divided into demolition and resettlement houses.

There are two situations here. According to the nature of the demolished houses and the different resettlement methods, the houses on state-owned land belong to the relocated houses obtained by "demolition and retreat". This situation should be considered as the personal property of one party. It is only a transformation of the form of personal property before marriage.

In the process of demolition and resettlement, if both husband and wife pay part of the expenses due to the purchase of additional area, this part of the expenses shall be recognized as joint investment by husband and wife, and half of the paid expenses shall be returned to the other party while recognizing that the house belongs to one party's personal property.

In another case, the demolished houses are collective land, and the area is calculated according to the head. Of course, both husband and wife enjoy their own share of the resettlement area. As for the purchased area, if it is offset with the area of the demolished house, it belongs to the owner of the demolished house;

If both husband and wife pay part of the house price for purchase, the increased purchase area will be shared by both parties; If it is a combination of "deduction plus cash", you need to determine the corresponding proportion before dividing it.

2. The house to be demolished is the property of one parent of the husband and wife, calculated according to the head. As long as both parties enjoy the demolition and resettlement area, both husband and wife enjoy a certain share of the property rights of the relocated house, regardless of whether the relocated house is registered under the name of parents or husband and wife.

If it is registered in the name of one of the spouses, if the parents do not clearly indicate that it is a gift to one of the spouses, it should be regarded as a gift to both spouses, then the demolished house registered in the name of one of the spouses belongs to the same property of both spouses.

3. The demolished house was built or purchased by the husband and wife after marriage, and the relocated house is of course the same property of the husband and wife.

Extended data:

Trading risk

I. Policy factors

According to the relevant laws and policies, resettlement houses are generally divided into two categories: one is supporting commercial houses built due to the relocation of major municipal projects or low-priced commercial houses purchased. Although the property rights of such houses are owned by individuals, they cannot be listed and traded within a certain ownership period.

The other is the low-priced commercial housing (relative to the market price) relocated due to real estate development and other factors, which is resettled or purchased by the relocation company through other means. This kind of commercial housing is no different from ordinary commercial housing. Private property belonging to the resettled person can be freely listed and traded without any restriction on the transfer period.

Second, the price factor

Most of the sales of demolition and resettlement houses are transferred when the demolition and resettlement agreement is signed but the house has not been delivered. Due to the long interval between the signing of the resettlement agreement and the delivery of the house, especially the price increase,

When handing over the house, the difference may be nearly 1000 yuan. The relocated households think that their interests are damaged, refuse to hand over the house and demand price increase, which eventually leads to the intensification of contradictions between the two sides and leads to litigation.

Third, the human factor.

"* * * someone" is the biggest maker of the risk of buying and selling demolition and resettlement houses. They look for loopholes in the contract to avoid legal responsibility, pursue their own interests, or set obstacles for the performance of the contract.

* * * Some people will request to confirm that the house sales contract is invalid on the grounds that Item 4 of Article 38 of the Urban Real Estate Management Law "* * * owns the real estate without the written consent of other * * *" and Item 6 "The real estate that has not been registered and obtained the ownership certificate according to law" cannot be transferred.

In this regard, the author believes that according to the National People's Congress Standing Committee (NPCSC)'s Opinions on Several Issues of General Principles of Civil Law, a person's unauthorized disposition of * * *' s property should be deemed invalid. However, the opinion also stipulates that if a third party acquires property in good faith, its acquisition of property should be protected.

As well as the losses caused to other * * * people, it shall be compensated by the * * * person who disposes of the property without authorization. The Urban Real Estate Management Law prohibits the transfer of real estate that has not yet been certified, and its legislative purpose is to stop the transfer of real estate with unknown sources and unclear ownership.

However, the source and ownership of the demolition house sales contract between the parties are clear when the contract is concluded, and the relocated households claim that the contract is invalid, which violates the principle of good faith. In order to protect the security of the transaction, the contract should be deemed valid. The seller shall deliver the house and assist in handling the registration formalities of property right change.

Therefore, in order to reduce contradictions and avoid disputes, we must first understand the nature of resettlement houses when purchasing resettlement houses. Generally speaking, for the completed resettlement houses, you can go to the development company or real estate trading center to inquire about the property rights information and land nature of the houses.

If the house is not built or under construction, the buyer will not only bear great legal risks, but also bear uncertain risks such as the specific structure, orientation and environmental changes of the resettlement house. Secondly, when concluding the agreement, all sellers should be signed by someone to reduce the risk.

Baidu encyclopedia-demolition resettlement Fang