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If the parties to a divorce proceeding live in only one house that is the property of the couple in common and are unable to compensate each other, can the court order that each party has 1/2 of the property rights in the house after divorce? head

author:Zhou lawyer Lawyer

If the parties to a divorce proceeding live in only one house that is the property of the couple in common and are unable to compensate each other, can the court order that each party has 1/2 of the property rights in the house after divorce?

First, such a verdict is wrong. Because one thing and one right is the basic principle of property law, the existence of only one ownership on a specific thing is the proper meaning of one thing and one right. Under the condition that there is no separate registration of property rights, the judgment of the existence of two ownership rights in one property is obviously contrary to the provisions of the law, causing damage to the certainty of the ownership of property rights and the stability of the transaction order. Since the nature of the house is the joint property of the spouses, if it is not divided in divorce proceedings, the parties are in fact still in a state of common ownership.

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