As the saying goes: "Thirty years in the east of the river, thirty years in the west of the river." "China's real estate has finally reached its inflection point after decades of prosperity. There is actually nothing to make a fuss about about this phenomenon, this is the law of market economy. Since this is the general environment, this divorce lawyer has also found that many clients have begun to pay attention to the issue of how to divide the divorce property after the depreciation. In the previous case analysis, almost all of the divorce property division issues caused by the rise in housing prices, it is time for our lawyer to talk about how to divide the divorce after the housing price falls.
Although it is the same as the depreciation of the house, this problem can exist in many different situations in real life. For example, a slight depreciation and the depreciation of the loss of capital, and then the depreciation after buying a house with full payment and the depreciation after buying a house with a loan, and even a new situation after the intersection and integration of these situations. For the sake of illustration, the lawyer decided to use the most standard case for analysis.
Three years ago, the man and woman paid a down payment of 600,000 yuan and took out a loan of 1.8 million yuan to buy a house in a certain city. After a brief period of appreciation, the value of the house began to decline gradually. As of now, the market price of the house is only 1.4 million yuan. At the same time, the two parties still owe the bank a loan of 1.7 million yuan. The house leak happened to rain overnight, and the financial situation of the young couple also deteriorated significantly, which led to problems in the relationship between the husband and wife until it broke down.
Since they are going to divorce, the two must divide the most important joint property of the husband and wife - real estate. After some calculations, the two found that the situation they faced was: the purchase price of the house was 2.4 million yuan, and now the house price is 1.4 million yuan, which is a full depreciation of 1 million yuan. In addition, the parties owe the bank $1.7 million.
Legally, both spouses can be divided in the event of a divorce, regardless of whether the price of the house rises or falls. The law will split this issue into two specific issues, namely positive property and negative property. The so-called positive property is the present value of the house, while the negative property is based on the liabilities incurred by the house.
In this case, the positive property of the two persons in respect of the house was naturally the current value of the house - 1.4 million yuan, which was divided equally at the time of divorce. Of course, one party can get the house and then give the other party a discount of 700,000 yuan. As for the negative property, that is, the bank loan of 1.7 million yuan owed by the two should also be borne by both parties. In the end, it should be 850,000 yuan per person.
Beijing Divorce Lawyer - Beijing Matrimonial Lawyer - Beijing Divorce Lawyer Consultation
The above is a division scheme in strict accordance with legal theory, although it is clear and unambiguous, but it is more troublesome to implement in reality. In the past, when housing prices continued to rise, the court awarded the house to one party, and then used the market price of the house at the time of divorce minus the outstanding bank loan, and the party who won the house gave half of the compensation to the other party. In addition, the bank loan owed is repaid by the party who owns the house alone. This is the easiest solution. So, now that the house price has fallen, especially in this case, the issue of the house between the two is already in a state of "insolvency", can it still be divided according to the simplest method?
The answer is yes. According to our lawyers, it is still possible to award the house to one party and then order that party to repay the bank loan alone. After doing so, although the party who got the house received 1.4 million yuan of positive property, it was obviously unfair to bear the joint debt of 1.7 million yuan of husband and wife alone. Therefore, the other party should also be ordered to pay the party who obtained the property $150,000 in debt compensation for the difference between the two assets ($300,000). In this way, when the house price falls to the point of losing money, the division of the divorced property between the two parties can also be solved in the simplest way.