Ah Qiang and Xiaomei are finally getting married, in order to marry the goddess he has been dreaming of for a long time, Ah Qiang pursued Xiaomei for more than an hour, but Xiaomei said to Ah Qiang, do you have a house and a car?
Cuong is happy in his heart, indeed, Cuong's parents have pensions, and the money for marrying a wife and having children to buy a house and land has already been saved by his parents from their retirement salary.
Once the emotional matter is settled, it is time for material preparations. The house is a small high-rise three-bedroom and two-hall residence bought in the third ring road, the car is the latest model of Bao Donkey 525, and the bride price of 200,000 yuan is 20 bundles of new 20 yuan.
Xiaomei's family happily and satisfactorily agreed to the marriage, Ah Qiang and Xiaomei naturally began to prepare for the wedding, and they were not officially married, and the young couple lived together without shame.
However, the happy time is still too short, the two people went to the sales office to choose a house, paid a deposit, when the contract was signed, there were differences of opinion, and the result was that the contract between the two people was not signed, and the sales office was very unpleasant and went home.
This marriage has not yet been concluded, and the hearts are no longer together, and the two of them are really a little difficult to get up and down, and they don't know what to do. So, the prospective couple each contacted a lawyer and wanted to hear professional advice on the law.
First, one property right certificate has two different hearts
First of all, it is necessary to clarify a concept, whose name is written on the title deed, does not necessarily mean that the house must belong to whose name. Another concept is that whose name is not written on the title deed does not necessarily mean that the house does not belong to anyone's name. In other words, the name on the title deed does not necessarily determine the ownership of the house.
The new Civil Code advocates that the division of property is determined by the source of the capital contribution. In the event of divorce, the ownership of the property should be comprehensively judged by referring to various factors such as the source of the purchase price, the proportion of payment, and the willingness to give it or not.
Let's help Cuong and Xiaomei sort out the problems in this room:
If Cuong's parents, before the couple received the marriage certificate, paid the full amount to Cuong to buy a wedding house, if the two of them want to divorce in the future, there is no Xiaomei's name on the real estate certificate, then it means that the property is Cuong's premarital property and has nothing to do with Xiaomei.
This is because, according to the provisions of the Marriage Law, one or one of the parents contributes (in full) to purchase a house and registers it in the name of their children, and the ownership of the house belongs to the personal property of the children before marriage.
In the second case, if Cuong's parents paid a down payment of 4% for the younger couple, after the two got married, they needed to repay the remaining loan together. There is no Xiaomei's name on the real estate certificate, so it means that this property is part of Ah Qiang's pre-marital property, that is, 4% of the down payment paid by his parents is Ah Qiang's pre-marital property. In the event of a divorce, Xiaomei and Cuong can divide the property of the part of the loan that they repay together.
The point is, if Ah Qiang's parents paid the full amount for the young couple to buy a house, and Xiaomei's name was also written on the real estate certificate, if the two divorced in the future, how would the division of property be determined?
In this case, it will be legally considered that Cuong's parents have the intention to donate the joint property of the young couple, so the corresponding divorce property division, this property should also be included in the joint property of the husband and wife for division.
Of course, in reality, there are many factors to consider in judging the standard of common property, and the law is a really low standard established to ensure the basic fairness of everyone. In addition to the law, there are other objective factors such as morality, social order and good customs, which may not appear in the provisions of the law, but will be reflected in the spirit of legislation and judicial practice.
So in reality, after thinking calmly, Ah Qiang and Xiaomei think that although love is the foundation of marriage, the family still needs economic support, and the woman needs a property right certificate as a guarantee for her own rights and interests in married life, which is not unreasonable.
Cuong and Xiaomei successfully got the keys to the new house and received a marriage certificate. In the first year after marriage, the couple had a good relationship, and Ah Qiang's parents considered that Ah Qiang's work unit was far away and it was inconvenient to commute to work, so they invested all the money for the couple to buy a house near Ah Qiang's company.
Xiaomei considered that this was already a house bought by two people after they got married, and it didn't matter whose name was written on the real estate certificate. Therefore, the title certificate of this second house did not add Xiaomei's name to it.
After all, the house is the most important property of an ordinary family, and many people who are two or quasi-small couples will have a lot of entanglements about the difficult question of whose name is written on the property right certificate.
In fact, adding the names of both husband and wife on the real estate certificate is to better protect the interests of both parties and is more in line with the spirit of the law.
2. Divide the property before each cherishes it
Happy marriages are always similar, but unhappy marriages are different. No matter how good the relationship is, it still can't withstand the grinding of the years. Less than two years after the young couple got married, they got angry because of their incompatible personalities, and they got angry every day and got into a situation where they wanted to divorce.
And the two also went to the court to fight a lawsuit because of the distribution of marital joint property. Xiaomei argued that she was a co-owner on the first property deed, so each of them owned 50% of the house, and that although her name was not on the second property deed, the property was acquired during the marriage and should be regarded as the joint property of both parties.
Cuong believes that although Xiaomei's name is on the first property ownership certificate, the purchase price was paid in full by his parents, and the house should be a pre-marital property. The second property, on the other hand, is a house that the parents bought to take care of themselves and go to work, and should belong to them alone.
The court held that the first house was indeed bought by the parents before Cuong's marriage and was willing to add the woman's name, which was actually equivalent to Cuong's parents being willing to donate part of the ownership of the house to the woman, so the house was already the joint property of the husband and wife after marriage.
In this case, the court will divide the divorce with reference to the following conditions:
If Ah Qiang and Xiaomei have a clear proportion of the property rights at the time of property registration, then at the time of divorce, the share of the joint property will be determined according to that ratio.
Of course, Ah Qiang and Xiaomei did not think so much about buying a house, and they did not have a clear share of property rights (the prenuptial property certificate is embarrassing, but very valuable), in this case, will the court definitely award Xiaomei half of the property? This is not necessarily, but the actual situation needs to be determined by the court in light of the specific circumstances.
In fact, when the court determines the ownership of property, it pays attention to many points, including the economic contribution of each member of the family, the true will of the parents when they contribute, and the principle of equality between men and women, including the protection of the rights and interests of women and children, whether there is an obvious fault party in the marriage, and other factors.
Of course, in reality, in the case of Ah Qiang and Xiaomei, the court will generally still recognize the house as joint property after marriage, and support both parties to occupy 50% of the house. If Cuong wants to get all the real estate, he needs an effect that subverts ownership, and he must provide very favorable evidence that his parents' original intention to give away was not genuine, or that there were other reasons that affected the addition of Xiaomei's name when the purchase contract was signed.
Although the second property was purchased after the marriage of the husband and wife, the funds for the purchase of the house were not contributed by the husband and wife, but by Cuong's parents, so it cannot be regarded as the joint property of the husband and wife, and only belongs to Cuong alone.
In this regard, the Marriage Law stipulates that if the ownership of a property purchased by one of the parents for the child is registered in the name of the child (without the name of the other party is added), it shall be regarded as a gift from the parents to one of their children, and the house has no property relationship with the other party.
In the end, the two divorced by a court decision, with both parties owning 50% of the first house and the second house being owned by Cuong personally. The car bought by the parents before the marriage was owned by Cuong. The bride price of 200,000 yuan is a gift from Cuong's parents, which is not advocated by law, but it is not explicitly prohibited.
epilogue
A small story, but in fact it is in the world. The harmony of marriage and family has a bearing on the overall stability of society. Whether before or after marriage, the ownership of a house is a complex and sensitive issue.
Especially for those couples who are preparing to get married, improper handling will affect the relationship between the two. The rational approach, of course, is the notarization of property and the distribution of each one. But it is difficult for feelings to accept this cold legal clause. Moreover, most young people need the financial support of their parents to buy a house, which makes the issue of ownership more complicated.
In real life, adding the names of both husband and wife to the real estate certificate is a protection for the rights and interests of both parties, and it is also more in line with the law. Especially the woman in marriage is often the one who pays more for the family and children, and the man's family appropriately reflects some care and tolerance for women, which is also more advocated.
If the man's parents contribute to the purchase of the house for the young couple, then the appropriate approach may be to clarify the ownership of the share on the property ownership certificate, and the parents, the man, and the woman each have a share. In this way, even if the two part ways in the future, there will be a compensation for both the three parties, both financially and emotionally.
Of course, if in a real marriage, the couple always quarrels over a title deed. What this represents is that we should study the bottom line of marriage, such as feelings, family, and children.
After all, family and everything is prosperous, and husband and wife are emotional. If you only be a forest bird, then what is the point of choosing to get married in the first place?