The reporter learned from interviews in various courts in Urumqi, Xinjiang Uygur Autonomous Region that 95% of divorce cases involve property division. The division of pre-marital real estate mainly depends on whose name the title certificate is registered in. To sum up, there are five main ways to "impersonate" real estate license at present, and different schemes may lead to different legal consequences.
Practice 1: the prospective husband and wife are both nominal.
When Malone bought a house, his girlfriend Xiao Ning asked for her name on the real estate certificate. "Since the house is bought for marriage, of course, you have to write your name." In order to show sincerity, Malone added his girlfriend's name to the real estate license, but Malone asked his girlfriend not to tell his parents to avoid conflicts.
"If this scheme is adopted, the house is regarded as the property of two people, and if there is a mortgage, it is also regarded as the debt of two people." Li Shasha, a judge of the People's Court of Shayibak District, Urumqi, said that if there is corresponding evidence to prove that the parents' contribution is based on the purpose of "prospective husband and wife" getting married, the court will also consider this part of the contribution as a gift with additional conditions, provided that both parties get married. However, if both parties are not married, parents have the right to claim back the money they paid.
Practice 2: register in the name of parents.
On June 20 14, Wang Xia and Li Lei met for half a year and began to talk about marriage. Li Lei's parents made a down payment for their son's house. Considering that the son has not registered for marriage, there may be disputes over the disposal of property if he breaks up. Therefore, Li Lei's parents believe that the "marriage room" should be registered in their parents' names. Li Lei's parents told Wang Xia, "We only have this son. You two have a good life. In the future, the property such as the house will still belong to you young couple. "
Li Shasha said that if this scheme is adopted, the house will be recognized as the property of parents, the loan will also be recognized as the debt of parents, and the corresponding appreciation or depreciation will be enjoyed or borne by parents. However, if the husband and wife repay the loan with their own income after marriage, if both parties divorce, one party can not claim the ownership of the house, but can claim the right to the parents for the paid loan principal and interest and ask them to return it and divide it equally.
Practice 3: register in the name of the man and his parents.
"Although it is my wedding room, my parents paid for it, so I should hang my name and my parents' name." Liu Gang, who works in a company, thinks it is fairer.
"This practice is also relatively common, often because the man's parents have paid all the down payment, and the repayment of the loan in the future mainly depends on the man's income. In this way, the wedding room should be regarded as the property of the man's family. " Li Weihua, a judge of the Shuimogou District People's Court in Urumqi, believes that if this scheme is adopted, the house will be recognized as the property of the man and his parents, and the house purchase loan will also be recognized as their contingent debt, and the corresponding appreciation or depreciation should be shared or borne by them. The man's corresponding share of property rights belongs to pre-marital personal property. According to the relevant provisions of the new marriage law, this part of the property does not produce a certain result because of marriage. If the husband and wife repay the loan with their married income, if the two parties divorce, the woman can't claim the house, but she can claim that the man and his parents should return the paid loan principal and interest and share them equally.
Li Weihua added that if the real estate license is registered in the name of the woman and her parents, the legal consequences will be the same.
Practice 4: The young couple have the same name as their parents.
"My girlfriend and I graduated less than a year ago, and our house was bought by both parents." Li Ting said very simply that the names of the young couple and their parents should be registered on the real estate license, so that everyone has rights and is fair and reasonable.
Gao Yonghong, vice president of the Shuimogou District People's Court in Urumqi, said that if this scheme is adopted, the house will be recognized as the property of the prospective couple and their parents, and the loan will also be recognized as debt, and the corresponding appreciation or depreciation will be shared or borne by these people. If there is evidence that only the husband and wife repay the loan with the same income after marriage, when the two parties divorce, the repaid loan principal and interest can be regarded as the joint property of the husband and wife, and their parents are not entitled to this part of the property.
Exercise 5: Write only men's or women's names.
At the beginning of 20 14, Chen Wei and Li Yan met and fell in love. In May of that year, Chen Wei and his parents invested in buying a house and registered it in Chen Wei's personal name. Subsequently, Chen Wei and Li Yan registered to get married. Later, due to the contradiction of wedding details, Chen Wei and Li Yan agreed to divorce and the property belonged to Chen Wei.
"This situation needs to be analyzed from two angles." Li Weihua said that the investment of one parent or one parent is only registered in the name of one child. According to the provisions of the Marriage Law, this belongs to the premarital personal property of one child and will not be automatically converted into the joint property of husband and wife after marriage. At the time of divorce, the property still belongs to the personal property before marriage; Secondly, one party or one parent contributes capital, but it is registered in the name of the non-contributor. Courts usually consider it a conditional gift. If the two parties are not married, the house belongs to the name of one party listed in the real estate license, but the other party may request the return of the paid money. If both parties get married, it belongs to the personal property specified in the real estate license.
"Men and women in love should have a clear understanding of property rights registration, and then choose a suitable scheme according to the actual situation of their respective families and each other to avoid unnecessary troubles caused by the breakdown of marriage and disagreement between lovers after hasty decision. "Li Weihua reminds couples to look at the registration of real estate before marriage rationally.
(The above answers were published on 20 16- 12-30. Please refer to the current actual purchase policy. )
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