A couple in Shanghai buys a school district house for a fake divorce, the wife does not want to remarry, does the law protect the fake divorce?

The law does not protect "fake divorce" because there is no such thing as a fake divorce in law!

It sounds a bit awkward, but things aren't complicated!

As long as the two sons go to the Civil Affairs Bureau to get a divorce certificate, they are already divorced. The marriage was dissolved, and there were no longer any obligations between the two spouses.

In the past, many people would choose "fake divorce" because of purchase restrictions, debt disputes, and small three forced departures, and "fake divorce" seemed to have become a means to solve the problem. But the reality is that "fake divorce" doesn't necessarily solve the problem, but it can create new problems.

We all know that the agreement of the divorce agreement is valid for both parties, and if both parties agree that the property belongs to one of the husbands or wives, then after the divorce, this part of the property is his personal property.

Even if the marriage is finally remarried, the property will not automatically become the "joint property of the husband and wife", but the personal property of the other party before marriage.

And many times, the reality is often very cruel, you want to "painstakingly manage" for this family, your pillow people may be trying to "calculate you". I am afraid that the "fake divorce" is not a formality, but a "real divorce".

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When I was on duty at the law firm, I received such a consultation.

Her name is Xiaoli, and she and her husband came to Nanjing from other places to work hard and started from scratch. The two first set up a stall at Xinjiekou, no matter how cold or hot it was, there was not a day without a stall. At that time, in order to save money, they shared a room with other people, and the room had no windows, so they could only put down a bed.

One house was divided into several houses by the landlord and rented to 5 tenants. Ten of them shared a bathroom, kitchen. In this way, they do not dare to use the heater casually, and in the winter they like to stay in the nearby McDonald's and rub the free heating.

The two went from sharing a house, renting a single room, and then buying a small house. Also from setting up a stall, to renting a store to do business, life is developing in a good direction little by little. In the process, the two also had a lovely son.

As the child gets older, Xiaoli wants to change to a bigger house, preferably a school district room. When I first bought a small house, I wrote the name of Xiaoli, and if I wanted to change to a larger school district house, they sold the current house plus the savings in their hands, which was only 2 million.

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And they need to pay a 50% down payment, so there are fewer houses to choose from. The intermediary proposed that Xiaoli and her husband could get a divorce on leave, so that if the house was bought in Xiaoli's husband's name, only a 30% down payment would be paid. More houses to choose.

Xiao li was full of thoughts about how to buy the school district house she was interested in, and she told her husband about the fake divorce after she went back. Xiao li has always had the final say in the family's affairs, and her husband has not said anything. Xiaoli pulled her husband directly to the Civil Affairs Bureau, and even the divorce agreement was written by Xiaoli herself.

At that time, in order to facilitate the purchase of a house later, the family's savings were deposited into the bank card under her husband's name. She directly wrote that the house belonged to her husband, the property under their respective names belonged to each other, the children belonged to their husbands, and she gave the children 2,000 yuan per month in child support.

Writing this, she also quipped: She has no burden on herself. Do you want to write the maintenance higher?

The two husband and wife laughed and gave the divorce certificate, after that, Xiaoli was busy looking at the house. After the house is determined, the rest of the house is bought and the loan is run by the husband. During that time, Xiaoli was desperately busy with the business in the store, thinking that she could make more money.

The agent who just started buying a house was a young man. But behind her husband to run all kinds of papers is a divorced woman with children. In order to facilitate contact with her husband, the woman added his WeChat.

The two chatted feverishly on WeChat, from the beginning of only talking about the house, to the back of the talk about life, children.

The husband also took the child to the playground with the woman and her child, and Xiaoli thought that her husband had become enlightened and knew that the child was hurting. It turned out that this was just that she thought too much, and later, because the bank mortgage tightened, the mortgage was delayed, and her husband often ran to the bank for this matter.

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From signing the contract to lending money to the bank, it took more than 5 months. When the house came down, Xiao li talked about remarriage, but every time she mentioned remarriage, her husband either said that he was unwell or had something to go out. There are so many such things, Xiaoli can't help but wonder if her husband does not want to remarry?

But her husband's ambiguous attitude made her panic, and she deliberately chose a date and asked her husband to go out to dinner with her children. She recalled the family's arduous journey from scratch in the past few years, and then shunshi mentioned remarriage.

I also hope that this time I can call on my parents and sisters, and let them be happy for the good life of the two of them! But this time, the husband did not know why he had not spoken, and the silent atmosphere made Xiaoli very dissatisfied. She asked her husband in a suppressed voice: What do you mean?

The husband said half a day: I want to change my lifestyle, I am too tired.

When Xiao Li saw her husband like this, she immediately panicked, and she wanted to scold her fiercely. But she was not at ease, she felt the alienation of her husband, so she told her girlfriend about it. The girlfriend said that she was too stupid, and I was afraid that I would have to run out of money. She was not reconciled, so she hurried out.

After listening to Xiaoli's story and reading the divorce agreement in her hand, I could only tell Xiaoli. There is no such thing as a fake divorce in law, and she cannot produce any evidence that it is a fake divorce with her husband, and they are indeed legally divorced.

Xiao Li said: Is there no way?

Unless, you can record a recording or video of the man admitting to a fake divorce with you, indicating that the division of property between the two parties is not a true expression of intent.

Xiao Li could only try with the last hope, her eyes were red.

She said that before she came, she had already persuaded her relatives and friends to persuade her, and her husband did not admit that it was a fake divorce, only that he was divorced and would not dwell on it anymore.

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I can only morally condemn the other person, after all. But legally, I can't help it.

Here again:

If the sisters really encounter a "fake divorce", they must attribute all the property agreements to their own names as if they were real divorces. Make sure your interests are not lost!

When many men deceive women, they will say lightly: The marriage certificate is a piece of paper, as long as the two have feelings, what is the use of this paper?

However, the marriage certificate is a document related to the fact that the husband and wife are protected by law. Without this piece of paper, you really don't have any legal relationship.

Don't test love, because feelings can't stand the test!

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Feelings are the most fragile things, so many realistic and tragic examples are in front of you, why do you want a "fake divorce"? It is often related to fluke psychology. Think you're definitely not the bloodiest pair!

Now in order to prevent too many fake divorces, various localities have introduced relevant policies and restrictions. For example, after the divorce, the two parties cannot buy a house for three years or still deal with it according to the state of non-divorce.

Marriage is not a child's play, and don't test human nature casually for the sake of short-term interests.

There are two things in this world that cannot be looked at directly.

One is the sun and the other is the human heart!