In order to enjoy the preferential policies of the first suite and the first loan, the two planned a "fake divorce". After the agreed divorce, Xiaogang bought the school district house in the name of Xiao Min. Because there was no room under the name of Xiao Min, Xiaogang transferred the down payment of the house to Xiao Min in the form of divorce compensation. The latter two signed a divorce agreement and went through the divorce registration procedures.
After the divorce, Xiaogang sold a house he shared with his mother and transferred 2.94 million yuan to Xiao Min, who used the money to pay the down payment for the school district. In the meantime, the two still live together.
Wife's remorse becomes a real divorce Xiaogang: Let's remarry when the house is bought, wife. Xiao Min refused, and we divorced. Xiaogang: We agreed on a fake divorce. I also transferred more than 2.9 million yuan to you as a down payment for buying a house. Xiao Min: We divorced because of emotional discord. You also voluntarily signed a divorce agreement. That 3 million is the divorce compensation you gave me to get custody of your daughter, not the purchase price. Why do you want to return it?
The dispute was fruitless, and Xiaogang appealed Xiao Min to the court, requesting the court to decide that the agreement on property division in the divorce agreement was invalid; Xiao Min returned 2.94 million yuan of personal property and re-divided the property of husband and wife. During the trial of the case, Xiao Gang withdrew the application for Xiao Min to return the arrears and re-divide the marital property.
How did the court decide this case?
After trial, the court of first instance held that the evidence provided by Xiaogang, such as WeChat chat records and audio recordings, showed that Xiao Min had discussed with Xiaogang many times about the purchase policy, preferential loan conditions and housing replacement scheme before the divorce, and the day before the divorce registration, he also urged Xiaogang to handle the divorce, saying that "the longer the divorce time, the easier the loan". After the divorce, Xiao Min repeatedly mentioned "I didn't want to get a real divorce" in the conversation with Xiaogang and Xiaogang's mother.
All the above statements show that Xiao Min's intention of divorce is untrue. In fact, the two sides agreed to divorce in order to avoid the purchase restriction and enjoy the preferential loan policy. The agreement on property division in the divorce agreement is false and invalid, and the judgment supports Xiaogang's application.
After the judgment of the first instance, Xiao Min refused to accept it and appealed to the Shanghai No.1 Intermediate People's Court, claiming that the divorce compensation was given to her by Xiao Gang in order to get custody of her daughter, not to buy her a house, and requested to cancel the judgment of the first instance.
The court of second instance held that the focus of the dispute in this case was whether the divorce agreement was the true intention of both parties. Based on many conversations before and after the divorce, we can fully realize that the divorce is to buy a house, and the divorce agreement signed by both parties is a false expression of intention to achieve the purpose of buying a house.
It was stipulated in the divorce agreement that Xiaogang had to pay Xiao Min 3 million yuan in compensation, and then Xiaogang did transfer money to Xiao Min, but the money was really needed to buy a house.
In addition, the two parties did not have such a large amount of property after marriage, and the money Xiao Gang transferred to Xiao Min was also the money obtained after selling the house owned by himself and the outsider. If Xiaogang paid him compensation for the custody of his daughter, as Xiao Min said, the compensation should be within his controllable and affordable range. The money now is completely beyond Xiao Gang's tolerance and does not match his income. Therefore, the appeal was dismissed and the original judgment was upheld.