The certificate of real estate ownership is the proof that the obligee enjoys the real estate right. After the property ownership certificate has clearly stated that the wife belongs to * * * and * * *, the property belongs to the husband and wife * * *.
The certificate of real estate ownership is the proof that the obligee enjoys the real estate right. The items recorded in the certificate of real estate ownership shall be consistent with the real estate register; If the records are inconsistent, unless there is evidence to prove that the real estate register is indeed wrong, the real estate register shall prevail.
Extended data
According to Phoenix. com. com:
20 18 1, Xiao Zhang (male) who lives in Xiaoshan, Hangzhou, and registered marriage. Before getting married, Xiao Zhang's parents had bought a house near 150_ for Xiao Zhang in the urban area, paid the full amount and registered it in Xiao Zhang's personal name. Shortly after their marriage, Xiao Zhao proposed adding his name to the house. Reluctantly, considering that both parties are married, Xiao Zhang and his parents agreed to this request and changed the property right of the house to Xiao Zhang and Xiao Zhao.
However, after marriage, the feelings of the young couple became weak because of their incompatible personalities. Not long ago, Xiao Zhao actually filed for divorce, demanding that the property be divided-the house belongs to Xiao Zhang, but she should be compensated for half of the property value.
Xiao Zhang was very angry and thought that the house was bought by his parents before marriage and was his personal property before marriage. Even if Xiao Zhao's name is added, it can't change the nature of real estate as personal property.
So Xiao Zhang brought his parents to consult a lawyer, so does Xiao Zhao really have the right to share half the value of this property?
Lawyer's explanation
Zhu Jun, lawyer of Zhejiang Wang Jianjun Law Firm:
First, "adding a name after marriage" is a gift, and the property belongs to Xiao Zhang and Xiao Zhao.
Although this property was fully invested by Xiao Zhang's parents, the property right was registered in Xiao Zhang's personal name and belonged to Xiao Zhang's personal property before it was added. The ownership of property will not change because Xiao Zhang marries Xiao Zhao.
Xiao Zhang's act of adding his name to the real estate license belongs to Xiao Zhang's act of giving his personal property during the marriage relationship, and after the property right registration is changed, Xiao Xiao can't cancel the gift.
The Property Law stipulates that the certificate of real estate ownership is the proof that the obligee enjoys the real estate right. After the property ownership certificate is clearly owned by * * * and * * *, the property is owned by Xiao Zhang and * * * *.
Second, Xiao Zhao has the right to divide the property involved, but it is not a simple 50-50 split.
* * * There are two forms of * * * you and * * * with * * *.
The so-called * * * possession by shares means that the * * owner occupies the real estate or chattel owned by * * according to his share. For example, Xiao Zhang and Xiao Zhao can agree to enjoy 50% and 50% of the property rights respectively.
And the so-called * * * has * * * means that * * someone has the ownership of * * * with real estate or chattel * * *.
In the above case, both Xiao Zhang and Xiao Zhao owned the property, and they were both owners before the division. Of course, the dissolution of marriage between Xiao Zhang and Xiao Zhao means that the foundation of both parties has been lost and the property can be divided.
Phoenix. Com- young people buy a house in full. After marriage, the wife wants a name, and after divorce, the property is divided into half.