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The man died after buying a house after "fake marriage"
The 9 million mortgages went unpaid
So here's the problem!
Who should repay the loan?
Is it "original" or "current"?
Case Review
He is not eligible to buy a house
The idea of a friend's wife was raised
In 2016, Huang wanted to buy a house in Shanghai, but was restricted by the purchase qualifications. In a chat with his friend Chen, he inadvertently learned that Chen's wife, Wang Mou, had paid social security for 5 consecutive years and had the qualification to buy a house. So Huang Mou had the idea of "fake marriage" to buy a house, and hit the idea on his friend's wife.
Therefore, Huang and Chen discussed and "borrowed" Wang to use it to achieve the purpose of buying a house through "fake marriage". In this way, Huang and his original wife Geng divorced, and Chen and his wife Wang also divorced. The next day, Huang and Wang registered their marriage and became a legal couple.
Mortgage to buy a house
He remarried to the "original match"
After a series of "riot" operations, Huang successfully purchased the property through a loan, and then remarried with his friend Chen mou and his original partner.
In the first two years, Huang repaid the mortgage on time and monthly, but on December 15, 2019, Huang died, and no one continued to repay the mortgage since then.
In December 2020, the bank filed a financial loan lawsuit with the court and took Wang Mou, who had previously "faked marriage" to Huang, as the first defendant.
As the heir to the estate, the original Geng was also one of the defendants, and she expressed her approval of Wang's statement and agreed to auction the house to pay off the debt. Huang's other heirs also agreed in writing to use Huang's estate to repay debts, which will be handled by the court in accordance with law.
As soon as the matter came out,
Netizens are talking about it...
The main point of contention is who owns the house?
Some netizens also questioned the authenticity of the divorce agreement.
Case Focus
After reviewing the facts involved in the case and the evidence of both parties, the court made the following determination and judgment around the focus of the dispute:
1. Does the "fake marriage" bear the joint debts of the husband and wife during the marriage? need!
Husband and wife are false, marriage is true, and joint debts are carried on the back. The housing loan occurred during the marriage between Huang and Wang, and according to the law, if the creditor claims rights in respect of the debts incurred by one of the spouses in his or her personal name during the marriage relationship, if expressed based on the common intention of both parties, it shall be treated as the joint debts of the husband and wife.
2. If the notarized divorce agreement stipulates that the joint debt shall be borne by one party, can the other party be exempted from the repayment liability? No!
The divorce agreement on the assumption of the joint debts of the husband and wife cannot be used against the creditor without the consent of the creditor, even if it is notarized. Although the divorce agreement between Huang and Wang stipulates that Huang is responsible for repaying the debt, the agreement has not been confirmed by the creditor, and the creditor still has the right to claim rights against Wang for the joint debts of the husband and wife.
3. Does the creditor agree to change the mortgagor of the house to Huang Mou, does it mean that the creditor abandons the claim against Wang? No!
Mortgage security relationships and creditor-debtor relationships are different legal relationships. The creditor agrees to change the mortgagor of the collateral to Huang, which does not mean that the creditor waives its claim against Wang. Usually, the bank issues a document agreeing to change the mortgagee of the house, only to cooperate with the registration of the owner of the right to change the house.
Reminder:
Marriage is sacred
It has legal effect
Don't because of momentary greed
And the crooked idea of "fake marriage" to buy a house was moved
• End •
Content source: Shanghai Rule of Law Voice