After Wang Ning divorced, she lived alone with her daughter Wang Jing. 1990, she met Liu Jiang who came to work in Beijing. Liu Jiang takes good care of Wang Ning in his work and life, and is also very good to Wang Jing. After getting along for a year, they began to live together in a house in a village in Wang Ning.
1999, the village where Wang Ning is located is included in the scope of demolition, including the accounts of Wang Ning and Wang Jing. According to the demolition policy, Wang Ning can get a two-bedroom compensation for the house area and the number of registered permanent residence. Liu Jiang has lived here for a long time. Although they didn't get a marriage certificate, the village thought they were husband and wife. According to the demolition policy, if the spouse's household registration is not in the village and there is no other housing, he can enjoy the house repurchase index of 30 square meters. Liu Jiang had no other housing, so the demolition unit finally gave Wang a three-bedroom apartment. In the demolition agreement, the demolition person is Wang Ning, and the resettlement population is her husband Liu Jiang and Wang Houjing. After that, Wang Ning signed a house sales contract with the developer, and Liu Jiang paid the house price of 1.5 million yuan. After the house came down, Liu Jiang went through the formalities of closing the house. After renovation, he and Wang Ning have lived here until now. In 2004, Sanbaifang obtained the house ownership certificate and registered it in the name of Wang Ning.
In 2005, Wang Ning and Liu Jiang registered to get married. 20 15 The two were preparing for divorce for various reasons, and Liu Jiangcai discovered that Wang Ning had transferred his three-bedroom apartment to Wang Jing's name by way of gift a month ago. According to the theory of Liu Jiang and Wang Ning, Wang Ning said that he demolished his house, and his three-bedroom apartment was acquired before marriage, which has nothing to do with Liu Jiang. Liu Jiang believes that although they did not get a marriage certificate at that time, they have lived together for many years in the name of husband and wife. When they were demolished, they were able to get a three-bedroom apartment because they didn't have another house as their spouse. They paid for the house purchase, decoration and various expenses for more than ten years. Why doesn't the house have its own share?
Lawyer interpretation? Property acquired during cohabitation? Belong to * * * property.
Lawyer Song Li, a partner of Beijing Dongyuan Law Firm, said that the property obtained during cohabitation belongs to the same property.
Wang Ning and Liu Jiang began to live together on 1990. Although they have never registered to get married, they live in the name of husband and wife, and other people in the same village think they are husband and wife. During the demolition, Liu Jiang was placed as Wang Ning's spouse. When Wang Ning and Liu Jiang got a three-bedroom apartment, they lived together for a long time in the name of husband and wife, although they were not registered to get married, forming a legal relationship of cohabitation. According to the relevant laws, during the period of cohabitation, the income and property earned by both parties shall be agreed upon, and if there is no agreement, it shall be deemed as * * *.
This three-bedroom apartment was acquired on the basis of demolition. According to the relevant demolition policy, Liu Jiang, as the spouse of Wang Ning, has no other housing and enjoys the purchase quota of 30 square meters. So the demolition unit arranged a three-bedroom apartment for Wang Ning. The three-bedroom apartment has Liu Jiang's 30-square-meter house purchase index, which was obtained during Liu Jiang's cohabitation with Wang Ning. This three-bedroom apartment belongs to Wang Ning and Liu Jiang. It is precisely because the three-bedroom apartment belongs to the same property in Wang Ning and Liujiang, so Liu Jiang pays for it, and Liu Jiang handles the handover procedures, and pays for the subsequent decoration and daily expenses. Liu Jiang still lives here. Therefore, the three-bedroom property belongs to Wang Ning and Liu Jiang.
Wang Ning's act of giving the house to Wang Jing is invalid.
This three-bedroom apartment belongs to Wang Ning and Liu Jiang. Although it is registered in the name of Wang Ning, Wang Ning has no right to dispose of it. As the daughter of Wang Ning, Wang Jing should know the ownership of the house, and they donated the house one month before Wang Ning filed for divorce, which harmed Liu Jiang's rights and interests. According to the relevant provisions of the Contract Law, the donation behavior of Wang Ning and Wang Jing should be invalid.
Lawyer Song Li suggested that Liu Jiang take Wang Ning and Wang Jing to court on the grounds that the gift contract was invalid. After the contract is invalid, the change registration based on the contract is invalid, and the three-bedroom house registration is restored to Wang Ning's name. In the divorce proceedings, Liu Jiang and Wang Ning divided the house again. Because Wang Ning transferred the property of * * * to his relatives during the existence of husband and wife, according to the provisions of the Marriage Law, if the property of * * * is transferred during the existence of marriage, when the property of * * * is divided, it should be divided less or not. Wang Ning should also bear corresponding legal responsibilities for the transfer of marital property.
(The above answers were published on 20 16- 12-08. Please refer to the actual situation for the current purchase policy. )
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