How to divide the small property purchased after marriage on divorce?

Case Summary

The plaintiff and defendant were registered as married in 1996 and had a son in 1997. In April 1997, the plaintiff purchased a property at XX building, XX village, Fu Rong Road from the Shenzhen Housing Bureau for 97307.3 yuan. In June 2003, due to the incompatibility of the couple's feelings, the plaintiff filed a lawsuit for divorce, requesting the confirmation that the small property purchased after marriage belongs to her.

In this case, the plaintiff explicitly demands the confirmation that the ownership of the property in Building XXX, XX Village, belongs to them, and disagrees with the handling of the property's ownership. The plaintiff claims that the property is a welfare house allocated by their unit, and the purchase price has been paid in full by the plaintiff. Additionally, during the marriage, the family expenses were borne by the plaintiff. The defendant has been negligent in taking care of the family and raising the child. Based on this, the plaintiff asserts the ownership of the property.

After the plaintiff filed the lawsuit, the defendant entrusted a lawyer to handle the matter. The lawyer fought for the maximum rights and interests of the defendant from the following aspects in light of the case circumstances:

Firstly, the property ownership certificate provided by the plaintiff indicates that the registered share is 1/2 for both the plaintiff and the defendant, and it is non-market commercial housing. Considering the purchase time of the house and the registration status of the property, it should be recognized that both the plaintiff and the defendant have acquired ownership of the property.

Secondly, if the plaintiff wishes to obtain the right to use the property, they should compensate the defendant. The plaintiff is required to make a one-time compensation to the defendant according to the standard of 2,225 yuan per month for a period of 30 years, and the compensation funds should meet the defendant's needs for renting or purchasing a house.

The final court judgment ruled that before the property at XX building, XXX real estate in XX village, Shenzhen (Shen real estate No.××) is disposed of, the right of use belongs to the plaintiff, but the plaintiff shall compensate the defendant Guo Moujia 2000 yuan per month (starting from November 2013 and compensating until the property ownership is disposed of, to be paid before the 15th of each month).

Lawyer analysis

Viewing the case facts, the property involved in this case, XX building XXX in XX village, was purchased during the marriage of the original and defendant parties. The registered share of the property is 1/2 for each party, and the property should be considered as the joint property of the husband and wife of the original and defendant parties. This property was purchased by the plaintiff as a welfare house through their unit, with a "green book" property certificate, and it should be recognized that the original and defendant parties have acquired ownership of the property.

In this case, the plaintiff does not agree to the disposition of the property ownership, therefore, the court does not handle the ownership of the property. Although the ownership has not been handled, as for the use of the house, the plaintiff claims that the use of the involved property belongs to him, as the property has been used by the plaintiff all along. The court, based on the specific use of the house, determines that the use right before the disposition of the property ownership belongs to the plaintiff. Moreover, as the involved property is a jointly-owned property of the couple, the plaintiff should compensate the defendant accordingly for using the property.

Regarding the compensation standards, the court refers to the current market rental prices in the area where the involved property is located, and decides that the plaintiff shall compensate the defendant 2000 yuan per month until the property is disposed of and ownership is transferred. In divorce litigation, property is a common target for property division, and the specific nature of the house, ownership, and usage will all affect the final division result.