It is not uncommon for one party to ask for a name on the real estate license when getting married now. Many divorce disputes are caused by whether or not to add a name. However, under the current circumstances, if it is a loan to buy a house, there is no way to add a name to the real estate license before paying off the loan.
We can imagine that after the right of abode system is perfect and mature, there may be such a scene: Xiao Lu buys a house with a loan before marriage, and when Xiao Qi and Xiao Lu get married, Xiao Lu can be asked to establish the right of abode for her in this house, and the term can be set for life (the right of abode can be set until the obligee dies). How romantic. If you have to add a name, wait until the house loan is paid off, then cancel the account and add the name on the real estate license. The emergence of the right of residence can solve the problem of adding Chinese real estate names to a certain extent.
However, the existence of the right of residence will also bring a particularly serious problem. Lv Xiao can set up residence rights for Xiao Qi, so he can also set up residence rights for other people in this house. After Lu Xiao and Xiao Qi were married for seven years, Xiao Qi wanted a divorce. Xiao Lu thought that although the ownership of the house was his own, Xiao Qi was particularly uncomfortable. At this time, he can give the right to live in this house to his parents, sisters and even seven aunts and aunts. Although I can't get rid of you, I can disgust you. If Qi can't afford to move out, then her right to exist is equivalent to nothing.
Second, there is still a stable residence after divorce.
The current civil code stipulates that the party with strong affordability should help the party with difficulties in life, and the difficulties in judicial practice are mainly reflected in the housing difficulties. Xiaoqi married far away, had no house before marriage, and had no stable residence after divorce with Lu Xiao, so her monthly salary could not maintain the local basic living standard. Lv Xiao wants to give her proper help. According to the provisions of the Marriage Law and related judicial interpretations, Xiao Lu can help Xiao Qi obtain the right of residence, but there is no perfect system guarantee for how to operate it in practice. The existence of the right of residence perfectly solves this problem. Xiao Lu can totally agree that Xiao Qi should establish the right of abode for Xiao Qi for a period of time, and then cancel it after Xiao Qi's economic situation improves.
Third, houses obtained through divorce and division cannot be sold.
Under normal circumstances, divorce by agreement or divorce by litigation will design the division of housing ownership. In the case of separation of ownership and residency, it is likely that Xiao Qi obtained the ownership of the house when he divorced Xiao Lu, and paid the corresponding price to Xiao Lu. Later, when he went to the Housing Authority to analyze the property, he found that Xiao Lu had established the right of residence for Xiaosan in this house. Originally, Xiao Qi wanted to sell the house and change to a big house after the divorce. As a result, the right of residence was established on the house. Who will buy a house with defective rights? A house with the right to live basically has no commercial value, but it reflects the residential property of the property.
The influence of residence right in marriage law is far more than the three aspects introduced in this paper. With the implementation of the Civil Code, the right of abode system will officially land, and there will definitely be various good (bad) influences in reality, but it must be said that the right of abode within marriage must be paid attention to, which may be more powerful than the "cooling-off period of divorce".