"the Supreme People's Court on the application of
Article 41 of the Marriage Law: At the time of divorce, the debts originally incurred by the husband and wife living together shall be paid jointly. * * * If the same property is not paid off, or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.
Original case of extended data:
The wedding room was bought by both adults. After marriage, after a fierce quarrel, in order to make his wife happy, the husband said that he would either register the house in the name of one person.
After that, the husband and wife also carefully handled the transfer procedures, and the house was owned by the wife. Two years later, the wife sued for divorce, and the husband faced the double pressure of manpower and financial resources. ...
This is a divorce dispute just mediated by jiande city People's Court.
Many people get bored after reading it: it is said that after marriage, the same property will become personal property, and it will take so much energy to solve it.
What is the cause of the incident? What is the solution?
Two joint ventures to buy a wedding room.
There was a quarrel, and my husband said the house was yours.
This is a young couple. The man 199 1 and the woman 1988, 20 14 got married.
At that time, the wedding room was bought by both adults, and the man's adult paid 700 thousand, and all his life savings were poured out. The woman's adult contribution is 654.38+10,000 yuan.
800,000 bought a 90-square-meter house in Jiande City. The parents registered the property rights of the house in the name of the young couple, and the property rights of the house belonged to their husband and wife.
Probably because they are too young, married couples have bad feelings and often make noise.
On February 20 15, 15, the two quarreled again, and the woman said in anger that she would divorce.
The man thought, this is too big. In order to save the marriage and calm his wife down, the man told her that you should either own the house.
Their relationship has not improved or they are divorced.
Whose house is this?
"The house belongs exclusively to the woman", and the two signed a marital property agreement. Without telling their parents, they went to the housing management department to go through the formalities for changing the property rights of the house. That is to say, the house has changed from two people to a wife.
However, the relationship between the two sides has not improved.
On 20 16, the woman went to court to sue for divorce, but she was pregnant at that time. The judge thinks that the relationship between the two parties has not yet broken down and there is still the possibility of bridging, and dismissed the woman's lawsuit.
In June this year, the woman came to the court again and still wanted to divorce her husband. The divorce attitude was very firm. The woman said that the two married rashly without knowing each other before marriage. After marriage, the two often quarrel because of trivial matters, and their feelings become more and more indifferent. So they asked the court to order a divorce and raise their own children. Their child is less than one year old and still nursing.
The man disagreed with the divorce, saying that he had no bad habits and there was no substantive contradiction between them.
After a thorough understanding, the judge found that the house was the biggest obstacle for both sides.
When the man's adult heard that the house they invested 700,000 yuan was now owned by the woman, the woman also filed for divorce, and she was saddened. "People and money are empty, and people and money are empty."
After many setbacks,
The man gave the woman 450 thousand yuan to buy a house
According to the provisions of article 19 of the Marriage Law, in this case, the two parties made a written agreement on the property of husband and wife, stipulating that the house belongs to the woman alone, voluntarily and without evidence to show additional conditions, which should be legal and effective.
In other words, if the woman insists on divorce and the house is not within the scope of negotiation, the man may indeed face the situation of both money and people.
Fortunately, women are also kind people. She said that as long as the man agrees to divorce, the house can be discussed again.
Based on the working principle of resolving family cases through mediation and consultation, and considering the actual situation of both families, the presiding judge organized four mediations, and finally both parties voluntarily divorced.
The child is raised by the woman and the house belongs to the man. However, the man needs to pay the woman 450,000 yuan within three months, and go through the transfer formalities after the money is paid off. In case of breach of contract, the breaching party will pay 50,000 yuan to the other party as liquidated damages.
Jiande's house has not increased much in recent years. I bought it in 2065438+800,000 yuan in 2004, and now the market price is around 1 10,000 yuan. Considering that the man's adult had invested more, the young couple had a new agreement after marriage, and the final mediation was basically half of the house.
The two quarrelsome enemies finally parted peacefully.
Increase knowledge+
Didn't you say that husband and wife shared property during marriage?
Under what circumstances will it be considered personal?
The news also exploded in the editorial department. Doesn't that mean that as long as the marriage lasts, no matter who earns more, it's all the same property?
In this news, the man assigned the property to the woman, who was still his wife. Isn't this the same as marital property?
This involves two legal issues: the division of marital property and marital property.
Ke Zhi, president of the Marriage Law Research Association of Zhejiang Law Society and director of Zhejiang Ganheng Law Firm, said that even in marriage, there can be personal unique property.
Just like this case. Adults of both sides invested in buying a house after the couple got married and registered it in the name of the couple, so the property belongs to the husband and wife.
If both adults' investments are made before the young couple register, that is another matter. Even if the real estate license is under the name of the young couple, that is to say, the names of both men and women are on it, but their share of real estate is different, according to their respective adult share of capital contribution. For example, in this case, the male adult contributed 700,000 yuan and the female adult contributed 65,438+10,000 yuan, so if they want to divorce, their respective shares are 7∕8 for the male and 0/∕ 8 for the female. This is legally called "* * *".
The question goes back to how husband and wife divide their property during marriage.
In this case, the man tells the woman that the house is yours. In fact, legally speaking, it is the man who "donates" his share of property in 1∕2 to the woman.
The gift contract is practical, not a promise. Not verbally, or both husband and wife can write their own agreements. Only through the two legal procedures of "property transfer" or "notarization of marital property agreement" can it officially "take effect". The young couple directly transferred their ownership, so although they were still husband and wife at that time, the house only belonged to the woman. Once divorced, the property is the woman's personal property.
Bian Xiao must go further. What about deposits? Can I give it to you as a gift?
The answer is yes. For example, the husband and wife agreed that 654.38+00,000 of all family deposits would be owned by the woman alone. Then, after the agreement is notarized, there is still a procedure to be performed, which is to transfer the money from the man's account to the woman's account. Then at this time, there are millions in the woman's account, but it has been agreed that 654.38+0 million of them belong to the woman's personal property. The gift is finished.
Marriage is no joke.
Agreement on the increase or decrease of house name and property right
Everyone needs to be cautious and cautious!
Baidu Encyclopedia-China People's Marriage Law
Baidu encyclopedia-premarital account making
Phoenix net-when the husband quarrels, coax his wife: the house is yours! The result was really divorced, and my husband was dumbfounded.