Who will the couple return after breaking up with the house they bought?

Xiao Wang and Xiao Ying are lovers. At the end of 2005, they bought a commercial house with a total price of 400,000 yuan, and the title certificate was registered in Xiaoying's name. Later, due to disagreement, the two sides broke up and there was a contradiction between the two sides on how to deal with the house. Xiaoying believes that property rights are in his own name and should be owned by himself; Xiao Wang insisted that 70% of the purchase price, namely 280,000 yuan, was transferred from his bank account to the seller's account, although the property right was in Xiaoying's name. Now that two people are separated, they should be divided according to their original remuneration. Therefore, Xiao Wang asked for 70% property rights or 70% house price after selling the house. So, whose house is this?

Can investors like Xiao Wang claim that the share of property rights can be supported by the court? Generally speaking, capital contribution is a way to obtain ownership. In the case of capital contribution, as long as there is no clear waiver of ownership or gift of capital contribution to the other party, it should generally be able to confirm its share of property rights. However, the key point is that investors must have enough evidence to prove that they have invested and are interested in buying a house. In many cases, due to negligence, investors failed to keep written evidence of their own investment, so that they could not prove their own investment, or they were recognized as loan relationships because they could not prove their intention to buy a house, and finally they could not obtain the property rights of the house. In other words, the person who advocates the share of property rights should bear the burden of proof. In this case, if Xiao Wang can provide evidence to prove that he invested in buying a house, he will get the support of the court. On the contrary, if Xiao can't prove his contribution, he can't get legal protection.

On the determination of the share of property rights between * * * owners, the Property Law also has clear provisions. First of all, whether there is an agreement on the division of property rights between the two parties. If there is an agreement, it shall be determined in accordance with its agreement; If there is no agreement or the agreement is unclear, it shall be determined according to their respective capital contributions; If the amount of capital contribution cannot be determined, it shall be regarded as equal enjoyment.

Relevant legal knowledge:

Article 33 of the Property Law of People's Republic of China (PRC): If there is any dispute about the ownership and content of the property right, the interested party may ask for confirmation.

Article 103 of the Property Law of People's Republic of China (PRC): * * Some people have no agreement on the real estate or chattel owned by * * * or jointly owned by * * * *, or the agreement is unclear. Unless some people are related, they are deemed to be owned by * * *.

Article 104 of People's Republic of China (PRC) Property Law: If there is no agreement or unclear agreement on the share of real estate or movable property owned by * * *, it shall be determined according to the amount of capital contribution; If the amount of capital contribution cannot be determined, it shall be regarded as equal enjoyment.

(The above answers were published on 2015-11-12. At present, please refer to the actual situation for the relevant purchase policy. )

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