worry
Parents bought a house, wrote the name of their daughter-in-law, but broke up.
Lao Zhang and his wife, who live in other places, are very happy to see their son Xiao Zhang make a sensible and beautiful girlfriend Xiao Wang. The parents are planning to buy a wedding room for their son. Due to the purchase restriction policy, my son is not qualified to buy a house for the time being.
It was the parents who decided to register the house in the name of Xiao Wang, a prospective daughter-in-law who is qualified to buy a house. The old couple took a fancy to a house in Gulou District and paid more than 200,000 down payment. The rest is mortgaged in the name of Xiao Wang. Later, the Lao Zhang family
The three people moved into a newly bought house and paid off their mortgage loans one after another.
However, when Xiao Zhang and Xiao Wang began to talk about marriage, the contradiction between them began to increase and eventually broke up. After breaking up, Lao Zhang and his wife sued Xiao Wang to the court, requesting that the house be owned by Lao Zhang and his wife. But Xiao Wang said that the house was donated during his love with Xiao Zhang, and the real estate license was also his own name. The property right of the house should belong to him.
After trial, the court held that because the two parties did not make a written agreement on the actual property rights of the disputed house, and there was no evidence to prove that the disputed house was given to Xiao Wang by Lao Zhang and his wife. Finally, according to the principle of fairness and the current market value and appreciation of the house, the court ruled that the disputed house belonged to Lao Zhang and his wife, and they paid compensation of 6,543,800 yuan to Xiao Wang.
cheap/little trick
The name on the real estate license should be so "added"
It turns out that your name is written on the property certificate, and the house is not necessarily yours! Then, whose name is registered when buying a house, the ownership of the property after adding the name, etc., how is the existing law stipulated? Here, Mr. Ju will share with you the "name" on the real estate license.
Case 1: The property purchased by one party before marriage, with the spouse's name added before or after marriage, is regarded as a gift from one party to the other, and the property belongs to both husband and wife.
Case 2: One parent invests in buying a house before marriage and registers the property in the child's name. Unless otherwise agreed, property is regarded as a gift from parents and belongs to children. If the child gets married,
If the name of the spouse is added, the property belongs to the husband and wife. Unless otherwise agreed, the property is generally owned by both husband and wife, and each party enjoys 50% of the property.
Case 3: The house purchased by one parent for their children after marriage is registered in the name of the investor's children. According to the provisions of the existing marriage law, it is regarded as a gift to only one child, and the house should be recognized as
Children's personal property. If one of the parents only pays the down payment for the children after marriage, and both husband and wife repay the loan after marriage, the property should generally be owned by the husband and wife.
Case 4: One parent contributes capital, but the property is registered in the name of the other parent. Unless otherwise agreed by the parties, if it is proved that the gift to the parents clearly indicates the intention to give to the child's spouse, it should generally be regarded as a gift to both husband and wife.
Moreover, the property belongs to the joint property of husband and wife; If one of the parents buys a house for their children after marriage, and the property rights are registered in the names of both husband and wife, the house shall be recognized as the joint property of husband and wife.
Case 5: After marriage, both husband and wife contribute money to buy a house, no matter under the name of one party or both parties, it belongs to both parties.
Special circumstances: What if there is a third person's name on the real estate license? For example, in addition to the names of husband and wife, there is also the name of the child or the name of one of the parents. Under normal circumstances, the court will, according to the parties
People's application, the division of property in the house will not be heard, and the parties will sue separately; Or according to the application of the parties, suspend the trial of the case and inform the parties to file another lawsuit for property analysis. Then, according to the judgment result of attribute analysis,
Divide some couples' houses.
(The above answers were published on 20 16-09-09. Please refer to the actual purchase policy. )
When buying a new house, go to Sohu Focus.