I don't know if this netizen really has such an experience, or how he feels after seeing something. Whether to divorce depends on personal choice, but whether the house can be retired or not, the guide to buying a house can still be explained to you from a legal point of view. Let's talk about a case we learned before shopping guide.
Case review:
The husband who cheated in marriage actually bought a house for San Xiao.
Xiaoyan and her current husband struggled for five years before buying a house and having a small family of their own. It stands to reason that this is also a couple in trouble, and their feelings are deep. When a person has money, he will go bad. As soon as the economic conditions improved, her husband went out to find another woman. Xiaoyan insisted on divorce after she found out.
However, Xiaoyan's husband refused to divorce, saying that he and San Xiao were just playing along for fun and promised to break up with San Xiao. Never cheat again. At that time, the child was only 1 year old, and Xiaoyan forgave him for his reluctance to the child and all the hard work. After that, he performed well, taking care of Xiaoyan and her children and being filial to both parents.
Who knows by chance, Xiaoyan learned from one of her husband's brothers and wives that her husband and mistress have been together for three years and have never been broken! Last April, I used my family's money to buy San Xiao a house of 100 square meter and set up a small family.
Xiaoyan recalled that her husband once told himself that it would cost 600,000 yuan to do business with friends. It is eloquent and sincere to ask and answer any questions. Then she thought of the house that her husband bought for San Xiao, trembled with anger and decided to divorce. Did the house in San Xiao really sell for nothing?
Let's get down to business:
If you cheat in your marriage, can you get back the house that the cheating party bought for San Xiao?
This kind of problem must first look at the provisions of the law to analyze. According to the provisions of the Marriage Law, husband and wife practice the same property system. Unless there is a written agreement, the money earned by either spouse during marriage belongs to both spouses, regardless of each other.
According to Article 17 of the Marriage Law? Husband and wife have equal rights to dispose of the property jointly owned by husband and wife? The provisions of, should be understood as:
(1) Husband or wife have equal rights in dealing with marital property. Due to daily needs, either party has the right to decide whether the husband and wife have joint property.
(2) If one of the spouses makes an important decision on the common property of the husband and wife due to the needs of daily life, the husband and wife shall reach an agreement through equal consultation. Others have reason to believe that it was expressed by both husband and wife, and the other party shall not oppose a bona fide third party on the grounds of disagreement or ignorance.
What do you mean? There are two main considerations:
One is? Husband and wife represent each other? .
Although husband and wife * * * share property during the marriage, as a family, husband and wife have many things to deal with. If they agree to everything, they can't live.
? Husband and wife represent each other? In other words, for some things, the law acquiesces that one spouse has obtained the consent of the other. For example, when buying food, the seller does not need to ask the other spouse if he agrees to buy food, because the law has already obtained consent by default.
Second, important decisions should be agreed.
In other words, the power of agency between husband and wife is not unlimited. This system can be applied to trivial matters that have little influence in life. But for some important things, it is unreasonable for one party to decide unilaterally, and both husband and wife must agree explicitly.
For example, if one of the husband and wife intends to sell the property, it needs to be decided by both parties. Legally speaking, the act of disposing of husband and wife's property without the consent of the other party belongs to unauthorized disposition, but the law does not stipulate that unauthorized disposition is invalid.
If the third person is in good faith, that is to say, I don't know that one of the spouses has no right to dispose of it, and the third person has paid a reasonable price, then the third person can legally own the property jointly owned by the husband and wife, which is what we often call bona fide acquisition.
Back to this case, can the house given to San Xiao by her husband be returned?
The first thing to answer is whether the house for Xiaosan belongs to the joint property of husband and wife. If the house given to Xiaosan belongs to the joint property of husband and wife, then the act of giving Xiaosan is not only without the consent of both husband and wife, but also free of charge, so it is invalid and the house given to Xiaosan can be returned.
How can I get my house back?
If the house really belongs to the joint property of husband and wife, then the other spouse can bring a lawsuit to the court and demand the return of the joint property.
However, it should be noted that only when the house donated to San Xiao belongs to the joint property of husband and wife can it be returned. For example, if there is evidence that the house is funded by the husband, you can apply to the court for information about the house, including the down payment, from which you can see whether the credit card was paid by Xiaoyan's husband's bank card, or you can apply to the court for information about the developer to see if the down payment was paid by Xiaoyan's husband.
If the evidence is sufficient, you can request to cancel the gift and return the property.
What should I do if I want a divorce after recovering my property?
If one party cheats and buys a house for a third person, it is a unilateral disposition of property, which infringes on the other party, that is, infringes on the other party's share of property. For example, does Xiaoyan in this case have the right? Third party? Recovering her own half of the property, and her husband's half of the property is voluntary, Xiaoyan may not be able to get it back.