Usually, the name of the household owner is written in the resettlement house, but the specific situation needs to be adjusted according to the property owner agreed in the demolition contract. Resettlement house allocation refers to a form of compensation given to the owners of demolished houses in accordance with relevant laws. If the owner of the house is agreed to be the head of the household, it means that the house is personally owned by the house owner, so the name of the head of the household can be written on the resettlement house. If the property owner is agreed to be the owner of the house, it means that the house is jointly owned by ***, which means that all family members enjoy the resettlement rights of the house and have equal ownership of the house property. In the case where the house is owned by *** There should be a fair and reasonable distribution, so that the owner’s name can be reflected on the property book of the resettlement house.
The name of the household head registered in the resettlement house will be divided after divorce as follows: If the resettlement house is a post-marital property, after the original house is demolished, a method of combining compensation with resettlement at a preferential price is generally adopted. On the one hand, according to Compensation will be paid based on the specific value of the original houses of the demolished people. On the other hand, the area of ??resettlement houses that can be calculated at a preferential price for the demolished people will be determined based on the population living in the original houses. It depends on who owns the house before demolition. If one party buys it before marriage, it is personal property. If it is purchased after marriage, it is the joint property of both husband and wife. The resettlement house is a continuation of the original property, and the nature of its ownership has not changed.
1. If the demolished house belongs to the man’s personal property before marriage, and according to the demolition policy, the area of ??the resettlement house is replaced according to the area of ??the demolished house, then the resettlement house obtained from the demolition belongs to the man’s personal property and has nothing to do with the woman.
2. If the demolished house belongs to the man’s personal property before marriage, but according to the demolition policy, the resettlement house area is based on the number of people, and the woman also belongs to the resettled population, then the resettlement house obtained from the demolition belongs to the couple** *The same property, but the court will also consider the source of the property when dividing and give the man more points as appropriate. 3. If the demolished house is the property of the husband and wife, the resettlement house obtained from the demolition belongs to the husband and wife and can be divided by the woman.
Resettlement houses can be bought and sold, but not all resettlement houses can be bought and sold. The nature of the land for demolition resettlement houses is allocated, so they are different from normal commercial houses purchased. If the property rights of the resettlement houses have been registered and the house ownership certificate has been obtained, the ownership transfer can be carried out. There is generally a time limit for the transfer of resettlement housing, and the regulations are different in each place. Generally, the transfer cannot be completed within 5 years. Demolition and resettlement houses refer to houses that are demolished due to urban planning, land development and other reasons and resettled for the residents or lessees to live in. Because the resettlement objects are specific relocation households, the sale and purchase of this type of houses is not only regulated by laws and regulations, but also subject to local government policies, so it is very different from ordinary commercial housing transactions.
Legal Basis
Article 1087 of the "People's Liberation Army and Civil Code of the People's Republic of China" When divorcing, the marital property of the spouses shall be handled by agreement between the parties; agreement If it fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the non-fault party.