Real estate investment: how to sign a family real estate share agreement

However, some people have come up with a coping strategy, that is, signing a property share agreement. The so-called share agreement refers to the proportion of shares agreed by each investor according to the amount of investment. Once the property needs to be divided due to changes, such as divorce, it can be justified, not just by property registration as "* * * with * * *". Lao Xu may regret his carelessness for the rest of his life. Lao Xu is a working class, and his family income comes from his salary. Two years ago, because his son got married, Lao Xu sold his small house. Besides, he took out all his savings and bought a three-bedroom apartment. In order to "show loyalty", the son added the other party's name to the real estate license, although the woman didn't pay a penny. Lao Xu also believes that the property is ultimately his son's, so he didn't register his and his wife's names on the property ownership certificate. Who knows that after less than a year of marriage, the young couple have emotional problems and divorce is inevitable. When dividing the property, the woman claims that the property is half of her own. Although Mr. and Mrs. Lao Xu tried their best to prove that they bought the property, the court did not adopt Lao Xu's statement because they could not provide relevant evidence. Although he finally saved the property, the price was to pay the woman about 800 thousand yuan in cash. If Lao Xu had signed a share agreement, the situation might be different. Some lawyers said that the judicial interpretation of the marriage law has made it clear that buying a house with a pre-marital loan belongs to individuals. But if, like Lao Xu, the other party's name is registered on the real estate license, whether it is a capital contribution or not, it belongs to the property owner. Therefore, in this case, even the property purchased before marriage is not the real property before marriage. In this regard, the lawyer suggested that a real estate share agreement can be signed. Some people may wonder whether this practice conflicts with the provisions of China's property law. Because according to the provisions of the property law, the ownership of the house is subject to the registration of property rights. Wang Zhan, the chief lawyer of Shanghai Lianye Law Firm, said that the main purpose of housing property registration is publicity, that is, to let the third party know who the housing property belongs to and how much share it holds. For example, if Zhang San wants to buy Li Si's real estate, he can know whether the real estate belongs to husband and wife through the real estate license provided by Li Si. But in terms of internal effectiveness, the real estate license is not the only basis. Sometimes, the share agreement is more important. Regarding the legal basis of this point, Article 33 of the Property Law also stipulates that if there is any dispute over the ownership and content of the property right, the interested party may request to confirm the right. The confirmation certificate is a share agreement signed in advance. People in the legal profession said that the signing of the real estate share agreement should express the true meaning of each investor, and we should pay attention to two aspects: First, the contents of the agreement should not conflict. For example, in the first part of the terms, it is recognized as "* * * * *", but in the later terms, it is recognized as "* * * with * *", which seems contradictory; Second, it should be executable. For example, their respective shares are agreed in the agreement, but their names are not registered when the property rights are registered, which will lead to the other party completely being able to dispose of the property behind their backs, thus making the rights and interests unable to be guaranteed. Lawyers reminded that in order to make the real estate share agreement more operable, the key content of the agreement had better be reflected in the real estate license. Wang Zhan said that, in fact, when handling the registration of property rights, the competent authorities can be required to specify the specific share of each party in the real estate license, which can be recorded in detail in the postscript. According to insiders, in the process of real estate registration, such reminders are generally not made. Therefore, if * * * buys a house with the same investment, if there is no agreed share in advance and no share agreement is signed, then in the divorce analysis, it will basically be regarded as "* * * and * * *", that is, equal share. Strengthening constraints is the key. Some people may think that if the property division agreement is signed before marriage, it will appear that the man is insincere and make the woman feel protected and emotionally unacceptable. Is there a more subtle and gentle way for both sides to accept it without hurting each other? The answer is yes. Wang Zhan said, we can consider adopting the form of conditional gift to bind both parties and protect the stability of small families. For example, parents can agree with their son and daughter-in-law in advance to register the property purchased in full in their name, but once the marriage relationship breaks down, especially if the daughter-in-law files for divorce, parents have the right to recover the property. Of course, if the above situation does not happen, the property will be owned by the two.