Shanshan and Ahao met when they were working in the same company at the beginning of 20 1 1, and then they decided to fall in love and live together. 20 14 10 they broke up.
20 12 bought a house somewhere in Nansha district, Guangzhou in the name of Shanshan. The total house price was 665,055 yuan, with a down payment of 205,055 yuan, of which Ahao contributed 6,543,800 yuan and Shanshan paid the remaining 55,055 yuan, and applied for a mortgage loan of 460,000 yuan from the bank.
It is worth noting that Qin Hao once entrusted the company to directly transfer his salary income of RMB 1 15072 from March 2065438 to September 2065438 to Shanshan's bank account. After the breakup, Ahao sued the court and asked for a decree to divide the house, and Shanshan returned the above salary income.
The court of first instance entrusted a real estate appraisal company to appraise the house according to law, and the market value of the house was more than 960,000 yuan. Nansha Court ruled in the first instance that the house purchased by plaintiff Ahao and defendant Shanshan during their cohabitation was owned by defendant Shanshan, and all the mortgage loans were paid by defendant Shanshan, who paid plaintiff Ahao 295,067.93 yuan as housing compensation. Reject the plaintiff's other claims.
Shanshan appealed, and Guangzhou Intermediate People's Court rejected the appeal and upheld the original judgment.
Yi Yi, the presiding judge and president of the Juvenile Family Court of Guangzhou Intermediate People's Court, said that the focus of the dispute between the two parties in this case is whether the house involved is owned by Shanshan.
First of all, when buying the house involved, Shanshan and Ahao were in love and had lived together, forming a cohabitation relationship. Secondly, from the time of purchasing the house involved, the payment method and the cohabitation relationship between Shanshan and Ahao before and after purchasing the house, it can be concluded that the house involved was jointly decided and purchased by Ahao and Shanshan, which was reached by both parties.
Although the house involved was registered in Shanshan's name and a mortgage loan was made in Shanshan's name, most of the down payment was paid directly by Ahao. During their love, Ahao left all his salary at Shanshan's disposal. It can be seen that the house was jointly purchased by Shanshan, and before the two parties broke up, Ahao actually assumed the mortgage cost of the house.
To sum up, the court of first instance found that the house was shared by both parties, which was in line with the principle of property division during cohabitation in China's marriage law, and Guangzhou Intermediate People's Court recognized it.