Guangzhou Law Popularization
Many people think
Buying a house is the basic guarantee of marriage
But the ownership of the property is a problem
But it has always been a problem
……
Case Review
The parties registered their marriage with their original wives in the 1990s, but it was a typical "arranged marriage".
In the 10th year after the marriage of the two parties, the factory where the man worked came a delicate and beautiful employee Xiaoling (pseudonym), you came and went, the man and Xiaoling had an extramarital affair, and then developed into a cohabitation relationship.
The year after living together, the two had a son. During the period, the man considered that he would register his marriage with Xiaoling in the future and form a new family, so he purchased a property, and in order not to let the original wife know of the existence of the property, he registered the house in Xiaoling's name.
In the third year after living together, the man and his original wife went through the divorce procedures. After divorcing his original wife, the man proposed to Xiaoling many times, but Xiaoling always found various reasons to shirk and was unwilling to register marriage with the man.
One day, the man had an accidental car accident, and encountered a medical accident during the treatment process, resulting in the man's physical disability, physical strength is not as good as before, and the mental state is not good, so Xiaoling has a lot of dislike for the man.
Even if the man sends flowers and soup many times to express his love, Xiaoling still does not accept it, and even scolds the man. Xiaoling also found her own mother and jointly drove the man out of the house and did not let the man live in the house he had originally purchased.
After several times of communication and coordination, Xiaoling was still unwilling to reconcile, and even more unwilling to register the marriage, the man angrily sued the court, demanding the division of the property purchased during the cohabitation of the two parties.
During the trial, the judge asked the reason for registering the property in Xiaoling's name, and the man admitted that it was indeed registered in Xiaoling's name in order not to let the original wife divide the property, and Xiaoling also confirmed that all the contributions to the property were funded by the man, but she believed that it was the income earned by the two parties to jointly run the company during the cohabitation period, not the man's personal contribution.
Netizens are talking hotly
Some netizens said that in the face of interests, human nature is selfish...
Some netizens doubt the authenticity of this case...
This issue of "Sayings" invited
Lawyer Cai Zhiqiang
From a legal point of view
Analyze the case
Scenario interpretation
(The following are all design dialogue↓)
Male host: When you said that you would marry me when I divorced, I only registered the house in your name, and now that I am divorced, you refuse to marry me.
Female host: Don't say it so well, are you afraid that your wife knows, so you borrowed my name to buy a house, and now I am still young, I don't want to get married so early, can't I?
Male host: When I was healthy before, you said you loved me, and now that I am crippled in a car accident, you hate me and want to drive me away? Don't forget, I paid for this house!
Hostess: The house is registered in my name, it's mine!
Mr. Cai Zhiqiang:
Little girl, it's really not what you say! This house was purchased by the husband and wife during the marriage period using the joint property of the husband and wife, but he was afraid that the wife would know that it was registered in your name, which is an act of "borrowing a name to buy a house".
Even if the house is registered in your name, he and his ex-wife have the right to return the property.
In the end, you may still face a situation of two people and two people! So, don't try to use this unrealistic way to get something that doesn't belong to you, learn to be down-to-earth!
And the man's infidelity to marriage, unfaithfulness to the family, unfaithfulness to love, and malicious transfer and concealment of property during the existence of the marriage relationship are even more intolerable to the law!
Extension of the law
From the legal point of view, the man and his ex-wife were still in the marriage relationship at that time, and Xiaoling's illegal cohabitation relationship with the man was not protected by law. After the man fully presented evidence, Xiaoling fully admitted that the disputed property was funded by the man, and there was no situation in which the man donated it, and the court was very likely to award the disputed property to the man and his ex-wife. Therefore, the presiding judge asked for the addition of the original wife as a third party to participate in the litigation in this case.
During the trial, Xiaoling and her agents scorned the man, raised the moral banner, and accused the man of being irresponsible. Even if the man and Xiaoling had an extramarital relationship at that time, sorry for the original wife, Xiaoling is also a third party who destroys other people's families, and from the legal level, she does not enjoy any property rights and interests.
Even in ordinary cohabitation relationships, when the cohabitation relationship is dissolved, the income earned during the cohabitation period and the property acquired by the two parties are treated as generally common. In the case of general co-ownership, Xiaoling and the husband have not registered their marriage, that is, there is no family relationship, and it can only be determined as co-ownership by share. If it is determined to be co-ownership by share, if the two parties have not previously made any agreement on the share of the property purchased during the cohabitation period, the share can only be determined according to the proportion of capital contribution.
According to this analysis, in this case, Xiaoling, as a third party, did not have any contribution to the property, and the final result was that the disputed property belonged to the man and the original wife, and as for how to distribute between the man and the original wife, it was a problem between the man and the original wife.
As a third party in the marriage of others, even if Xiaoling has given birth to illegitimate children, the third party himself cannot claim to divide any property during the marriage relationship between the man and the original wife, and even after the divorce between the original partner and the man, if the third party does not register the marriage with the man, the income during the cohabitation period will not be able to share a penny if he cannot prove that he has contributed or contributed.
In the course of the litigation in this case, both the husband and Xiaoling clearly admitted the fact that there was indeed cohabitation life, and they may also be suspected of bigamy and face imprisonment. In addition, with regard to the maintenance of illegitimate children, a separate lawsuit may be filed to require the husband to pay the corresponding maintenance costs.
For this case,
What do you think? Welcome to leave a comment!
Case and material source: Guangzhou lawyer Wang Youbai
Image source network, invasion and deletion
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