Text/Guangzhou Daily All-Media Reporter Charter Correspondent Liang Yanhua
Husband: The repayment funds are funded by his mother.
On 20 17, Xiaohong (pseudonym) and Xiaodong (pseudonym) registered to get married. Xiaodong bought Room A in Tianhe District of Guangzhou in his own name before marriage, with a total price of about 2 million yuan. After the marriage, the two parties agreed to repay together, and the monthly repayment amount was about 6,000 yuan.
The latter two gradually broke up because of the escalation of family chores. On June 20 19, Xiaohong filed a divorce lawsuit with the court, demanding Xiaodong to compensate half of the repayment amount and the corresponding value-added part of the property during the relationship.
Xiaodong agreed to divorce, but argued that the property should be his personal property and Xiaohong had no right to claim compensation. The reason is that Xiaodong's pre-marital property in the mortgage repayment account is more than 20,000 yuan, and Xiaodong's mother transferred 6,543,800 yuan to Xiaodong's other bank account on February 5, 2065.438+07, and Xiaodong subsequently transferred this 6,543,800 yuan to his Alipay account. From February 27th, 20 18, Xiaodong regularly transferred the repayment amount from his Alipay account to the mortgage repayment account. Another Xiaodong's mother transferred RMB135,000 to another Xiaodong bank account from March to June, 2020. Therefore, Xiaodong believes that the repayment after marriage is actually funded by the mother, not the joint property of husband and wife.
Yao Zhu of Yuexiu Court chose an appraisal agency to appraise the current price of the house involved. The appraised price is 3.539 million yuan, and the appreciation of the house has reached one million yuan. In addition, it was found that from 20 17, 16 and February 6, 2020, both parties * * * repaid the bank loan principal and interest of more than 260,000 yuan.
Yuexiu Court, after hearing the case, decided to allow Xiaohong and Xiaodong to dissolve their marriage relationship, and Xiaodong should compensate Xiaohong for half of the loan repayment part of Room A in Tianhe District, Guangzhou and half of the loan repayment value-added part of about RMB 6,543,809. At present, the judgment has taken legal effect.
Court: The husband compensated for the loan repayment and the loan appreciation by half.
After reviewing the evidence provided by Xiaodong, the court held that the house loan was repaid with Xiaodong's premarital property of 22,065,438 yuan +04.57 yuan, which should be deducted.
Most of the loans from February 27, 2065438 to March 2020 were paid by Xiaodong before the maturity of each loan. The bank flow provided by Xiaodong can't prove that the 654.38+million yuan transferred by his mother to the bank is a special fund for repayment of loans. Xiaodong also transfers money from other banks for repayment. 2065438+May 2008, Xiaohong also transferred 5000 yuan to the account, and Xiaodong was responsible for repayment. Therefore, Xiaodong believes that the repayment of the loan after marriage is funded by parents, which is inconsistent with the facts and the court will not accept it.
Regarding Xiaodong's mother's monthly transfer to Xiaodong's repayment account after March 2020, the court held that Xiaodong's intention to form an evidence chain with the above-mentioned 65,438+10,000 yuan after receiving Xiaohong's complaint for divorce on 20 1 165438 showed that the house was funded by his family from beginning to end, which obviously monopolized the huge income of the house. The court refused to recognize Xiaodong's above-mentioned behavior, and divided the repayment and value-added parts during this period, effectively protecting Xiaohong's legitimate rights and interests.
It is unfair for one spouse to try to monopolize the value-added part of the house.
The investigating judge pointed out that when the buyer was in litigation or preparing for divorce, he concealed the fact that both parties were repaying by changing the source of repayment funds without authorization, with the intention of enjoying or occupying more value-added houses, which obviously violated fairness and justice. If the above behavior is supported by the court, it will undoubtedly violate people's reasonable expectations of marriage and increase the contradiction between husband and wife. Therefore, the above-mentioned attempt to occupy more of the same value-added part of * * * will inevitably not be supported by the court.
Civil law classroom
Husband and wife sign a contract for the sale of real estate before marriage, pay the down payment with personal property and borrow money from the bank, and repay the loan with the same property after marriage. If the real estate is registered in the name of the down payment payer, the real estate will be handled by both parties through agreement at the time of divorce. If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may decide that the real estate belongs to the registered party. At the time of divorce, one party to the real estate registration shall compensate the other party according to the principle stipulated in the first paragraph of Article 1087 of the Civil Code.
The original question: "How can the husband buy a house before marriage and the husband and wife repay the loan and divorce after marriage? 》
Source: Guangzhou Daily