Hello, how can the disposition of family property have legal effect? If the family property is transferred to the lover without authorization, the family will appeal to the court and the transfer will be invalid. So is it effective to transfer the family room to your lover without authorization?
Anshun lawyer replied:
Brief introduction of the case
A 52-year-old man in Jiulongpo transferred his house to his lover and wrote down the debt owed to his lover of 654.38 million yuan. Unexpectedly, after the lover got the house, he turned his face and denied people. He not only asked his family to move out immediately, but also took them to court. Subsequently, the man's wife, daughter and mother took him and his lover to court on the grounds that the property transfer was invalid. A few days ago, the Jiulongpo District Court tried the case again.
Monthly salary 1400 yuan spends 900 yuan as a lover.
"I really regret it. I was dizzy for a while and made my family homeless. " Hsuanchan (pseudonym), 52, said in tears in court that she was a worker in a factory in Jiulongpo, with a wife, 10-year-old daughter and 80-year-old mother. In May 2007, he met Tingting (a pseudonym), a 34-year-old massage queen, and rented a house to live together. At that time, Wang Tingting told Chen Xuan that she had divorced, lived with her son and foster mother, and was in financial difficulties. As long as Chen Xuan is willing to support her, she will stop being a massage girl. Later, Chen Xuan, who thought he had found true love, probably gave it to Wang Tingting and 900 yuan every month, but his monthly salary was only 1400 yuan.
Call 65438+ million IOUs to transfer the property to the lover.
"She said, in order to prevent your wife from divorcing you in the future, can you make an IOU with me? When you get divorced, I'll bring the iou again, and your wife won't get all your property. " Chen Xuan said that during this period, according to Wang Tingting's dictation, he wrote an IOU "Chen Xuan owes Wang Tingting 6,543,800 yuan". Soon, Wang Tingting asked him to give her the real estate license, household registration book and medical insurance card for the same reason, and Chen Xuan kept his word.
At the beginning of 2008, Wang Tingting wanted to transfer her son from Bishan to the main city, but because she didn't have a hukou, she proposed to transfer the house in Chen Xuan to her own name. Chen Xuan hesitated and made no statement. In June of the same year, Chen Xuan received a phone call from Wang Tingting and rushed to the Jiulongpo District Housing Management Office, and found that Wang Tingting had already prepared the information of real estate transfer. Wang Tingting told him that all he had to do was sign. See Chen Xuan hesitated, Wang Tingting told him, this is also for the sake of two people later. "At that time, she forced me to sign." Hsuanchan said.
Lovers turned against each other and sued for moving.
"The house is not directly transferred. The purchase contract says that she bought it from me for 654.38 million yuan. She didn't give me 65438+ ten thousand yuan at all. " Chen Xuan said that on February 3, 2009, Wang Tingting took the key of his house while he was unprepared. On February 5th, Wang Tingting invited two men to Chen Xuan's house and told him and his family to move out and hand over the house immediately.
In March 2009, Wang Tingting took Chen Xuan and his family to court, demanding that they immediately move out and return the house.
The homeless family sued him and his lover.
As a family facing homelessness, in March 2009, after Hsuanchan's wife (pseudonym) appeared in court, she took her daughter and her octogenarian mother to court on the grounds that the property transfer was invalid. The afternoon before yesterday, the Jiulongpo District Court heard the case again. Wang Tingting didn't appear in court, but only his lawyer did. The attorney said that although the name of the house was written by Hsuanchan, the mortgage was returned together with Hsuanchan, belonging to the same property, and Hsuanchan could not dispose of the house personally without authorization. Moreover, there is no real house sale between Wang Tingting and Chen Xuan, and the house price of 654.38+10,000 yuan does not exist at all, so the house sale contract signed between Chen Xuan and Wang Tingting is invalid.
In this regard, Wang Tingting's attorney said that Wang Tingting has a formal real estate license and signed a formal house sales contract. Previously, only Hsuanchan's name was on the property ownership certificate, and he had the right to dispose of his own property. At the same time, Wang Tingting paid 654.38 million yuan in cash to Chen Xuan. The judge asked for a payment certificate of 654.38 million yuan, but Wang Tingting's lawyer could not produce it. The case was not pronounced in court.