Divorced real estate for parents to buy subsidies.
200 1, cen and marriage. In 2003, due to lack of funds to buy a house, a lover of Cen accepted a subsidy of 65,438+10,000 yuan from Cen's parents. Later, because of an affair, Cen decided to divorce him. But they disagree about the cutting of the house. Fan believes that after the house is discounted, it should be shared equally by two people; Cen thinks it is necessary to deduct the house payment of 6,543,800 yuan contributed by parents, and then divide it equally.
Lawyer's interpretation: Judging from the situation of Cen, it was their parents who invested in the house purchase after marriage. At that time, it was not clearly stated that they would give Cen 6,543,800 yuan for the house purchase. Therefore, this 654.38 million yuan should be regarded as the industry of Cenhe. It can be seen that Zou's concept is unfounded. Of course there are exceptions. If the evidence of Li's affair is collected to prove that he was at fault when his marriage broke down, then Cen, as a woman without fault, can enjoy preferential treatment when dividing the husband and wife's estate together.
The decree stipulates that according to the provisions of Articles 17 and 18 of the Marriage Law, as long as it is not determined in the gift contract that all property belongs only to the husband or wife, it should belong to the husband and wife, and the husband and wife enjoy equal rights to dispose of the jointly owned property. Together, according to Article 22 of the Supreme People's Court's Interpretation II on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China: "Before the parties get married, if both mom and dad contribute to the purchase of a house, the contribution shall be deemed as a gift to their children, but mom and dad did express the gift to both parties. After the parties get married, if both mom and dad contribute to the house, the contribution should be judged as a gift to both husband and wife, but mom and dad do indicate that the gift is outside. "
Lawyer's tip: On the day of marriage, many industrial occasions, such as gifts, seem insignificant in front of the pride of the couple. Many couples are afraid to talk about these situations, which "hurts harmony". As we all know, once a marriage breaks down, these previously neglected "minor situations" will really "hurt harmony". Calm couples, in the industrial situation, still arrive on paper in advance, in order to truly achieve the harmonious contact of "breaking up and becoming brothers in the future".
Divorced real estate disputes over parents' gift of real estate before marriage.
Mr. Rong is the boss of a foreign-funded enterprise in Gusu. He and his wife Liu Mou used to be college classmates. When he graduated, Liu saw the rising housing prices in Shanghai and advocated buying a house in advance. So in the case of not getting married, Mr. Rong's family took out 100000 yuan to support the full down payment. Out of the reconciliation of lofty sentiments at that time, Mr. Rong also registered Liu's name on the real estate license. House prices have doubled in the past three years. This year, because Mr. Rong was away all the year round, Liu had an affair. Mr. Rong filed for divorce in anger, but Liu proposed that he should get half of the property. Mr. Rong thought that the down payment he paid in that year should be deducted, but because Liu paid the money at that time, the payment voucher was Liu's name and the real estate license was also two names, so there was no basis.
Lawyer's interpretation: When we first received the case, everyone was at a loss, because the real estate license registered two names and the payment voucher was Liu's name. If anyone advocates who gives evidence, my client has no basis. But later, my homework improved. Because they didn't like their daughter's practice, Liu's parents automatically wrote a certificate that the down payment of the house was paid by Mr. Rong at that time. So when Liu testified, the judge suggested that the money was invested together and pointed out the source of 100000 yuan. Liu was unable to provide evidence, and the case was finally mediated.
According to Article 22 of the Supreme People's Court's Interpretation II on the Application of the Marriage Law of the People's Republic of China, if parents contribute to the purchase of houses of both parties before marriage, the contribution shall be deemed as a gift to their offspring. Therefore, the current house price should be deducted from Mr. Rong's 100000 yuan for further cutting. If the property still has a mortgage loan, the donee will deduct the gift money and mortgage money in the future and pay half of the money to the other party according to the current appraised value of the property.
Lawyer's tip: This kind of case is very common now. To prevent this contradiction, there are two ways for the public to choose. First, the name of both husband and wife is written on the property certificate after marriage, so the house is the joint property of husband and wife. In case of divorce, both parties can share the house equally, including the value-added income of the house equally. Add your name to the real estate license, and both parties can go to the business center to go through the formalities of change registration. Another path is that both parties should notarize the house before marriage, and a house belongs to one party, because the debt and income of the house have nothing to do with the other party.
Several cases provided by Bian Xiao explain the knowledge of divorce real estate disputes from different angles. Please study and understand them carefully.