"housing distribution" within marriage
20 10 12 Xiaoli and Xiaohao registered to get married. During the marriage, both parties purchased a house located in Room 409, a residential district in Chaoyang District, Beijing, which was registered as owned by Xiao Hao and Xiao Li, and the registration number was 20 1 1.
After buying a house, the couple also signed a "Marriage Agreement", stipulating that whether during the marriage or during the divorce, the house belongs to Xiaoli and the bank loan is also returned by Xiaoli. However, after the signing of this agreement, the couple did not register the change of property rights.
But not long ago, Xiaoli Xiaohao's marriage came to an end. Not only that, but the two also had a dispute over the house. Xiaoli sued the court. On the one hand, she asked the court to decide that she and Xiao Hao were divorced. On the other hand, she asked the court to rule that the house they bought was their own.
On the verge of divorce, Xiao Hao began to go back on his word. He thinks the marriage agreement is the last resort. And this marriage agreement was given to Xiaoli by him for the couple's real estate. According to the judicial interpretation of the marriage law, he has the right to revoke the gift before the transfer of property rights. Therefore, Xiao Hao asked the court to divide the husband and wife's property according to law, obtain the ownership of House No.409, and pay Xiaoli a 40% discount.
Set the tone with a beat of the gong-say the last sentence
After trial, the court held that Xiao Hao and Xiao Li had conflicts after marriage, and they could not communicate and understand. The relationship between husband and wife had indeed broken down, so the judgment allowed them to divorce.
In terms of real estate, the court found that Room 409 was purchased by Xiaoli and Xiaohao after their marriage and registered as owned by * * * and * *. Both parties voluntarily signed a marriage agreement, clearly stipulating that Room 409 belongs to Xiaoli. These contents were drafted and filled in by Xiao Hao, who should know the agreement and the consequences of its implementation. Therefore, this agreement is legally binding on both parties.
The marriage agreement between the two is an agreement on the property acquired by the husband and wife during the marriage, not a simple gift from one party to the other. After the two parties sign the agreement, the property ownership belongs to Xiaoli, and Xiaohao does not have the right to revoke the property gift. Xiaoli requested to confirm that Room 409 belongs to her, and her repayment of the remaining loan is in compliance with the law and should be supported. Accordingly, the court ruled that Room 409 was owned by Xiaoli.
Judge's analysis
In reality, it is common for divorced couples to have disputes over property such as houses and cars. Most of them agree to give one party's personal property to the other party, but they have not gone through the formalities of property transfer. After that, the relationship broke down and sued for divorce. One party who donated the property repented and advocated canceling the gift, while the other party advocated continuing to perform the gift contract.
Such disputes should be bound by Article 6 of Interpretation 3 of Marriage Law, and the gift can be revoked before the property transfer formalities, and the donee cannot obtain the ownership of the house according to the agreement signed by both parties.
However, this provision cannot be applied to disputes between Xiao Hao and Xiao Li. Because Room 409 was purchased by Xiao Hao and Xiao Li during their marriage, it was registered in the names of both parties, not Xiao Hao's personal property, but Xiao Li's and Xiao Hao's property. The marriage agreement signed by both parties stipulates the ownership of House No.409, which belongs to "marital property agreement" rather than "marital property gift". Xiao Hao does not enjoy the right to revoke the gift stipulated in Article 6 of Interpretation 3 of Marriage Law.
According to the provisions of Article 19 of China's Marriage Law, husband and wife can agree that the property acquired during the marriage relationship and the property before marriage belong to their own, * * * owns all or part of it, and some * * * owns it all. The agreement shall be in writing. From this point of view, the property agreement between husband and wife should be considered as valid as long as it is the true intention of both parties, does not violate the mandatory provisions of laws and regulations, and does not harm the interests of the public and the rights and interests of the third party. Even if the transfer of property rights is not registered, it does not affect one party's acquisition of property ownership as agreed.
Therefore, although the two parties did not go through the formalities of property transfer and change, they were still bound by the agreement. Xiaoli obtained the ownership of House No.409 in the divorce proceedings according to the marriage agreement.
Here comes the question:
When you get married and buy a house, whose name is written on the real estate license?
Just write about him, and she also paid for it. What if there is a dispute in the future?
Young couple, both names are written, does it make people feel that they don't trust each other without anything?
Is it really that important to get married and buy a house with your name on the property certificate?
Please look at the following case.
Big scene
When there is only one person's name on the real estate license.
(The above answers were published on 2016-11-28. Please refer to the actual purchase policy. )
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