Based on the purpose of marriage, couples generally consider buying a house in advance to build a love nest together to provide sufficient material protection for sweet love. However, the relationship between couples is different from the relationship between couples protected by legal norms, and love needs to face the test of reality after all.
Once the relationship between couples breaks down, how to divide the common purchase price and dispose of the property share will inevitably become an urgent legal problem between couples.
If you end up breaking up, how should the jointly purchased real estate be divided?
Scenario 1: The old man buys a marriage house for his children and signs a joint house purchase agreement. How to deal with it after breaking up?
Xiao Xiao and Xiao Wang have known and fell in love with each other for 7 years since college. Xiao Xiao's father, Lao Xiao, loves his daughter very much. He and Xiao Wang jointly invested 1.2 million yuan in the down payment to buy a house, and plan to use the house as a wedding room for the young couple. .
Among them, Lao Xiao contributed 400,000 yuan, Xiao Wang contributed 800,000 yuan, the total price of the house was 2.4 million yuan, and the remaining 1.2 million yuan loan was repaid by Xiao Wang, and the house was registered in Xiao Wang's name.
At the same time, Lao Xiao and Xiao Wang signed the "Joint Purchase Instructions", stipulating that the house would be jointly owned by both parties.
After the relationship between Xiao Xiao and Xiao Wang broke down, Lao Xiao and Xiao Wang planned to divide the property, agreeing that the house would be owned by Xiao Wang, and Xiao Wang would pay Lao Xiao a discount for the share of the house.
Lao Xiao believes that the "Common House Purchase Instructions" signed with Xiao Wang is legally binding. Lao Xiao and Xiao Wang have joint rights to the house, and the real estate should be divided according to the share.
In addition to returning 400,000 yuan of investment, Xiao Wang still needs to pay Lao Xiao a share value of 220,000 yuan.
On the other hand, Xiao Wang believes that this is not the division of the common property. The 400,000 yuan is the purchase price lent by Lao Xiao, and the principal and interest have been returned.
Judge speaks the Fa
Is a house purchased jointly before marriage a joint property of the couple?
Co-owned property is divided into co-ownership and co-ownership by shares.
The so-called joint ownership means that two or more people have equal ownership of the same property regardless of their share.
The so-called co-ownership by shares means that two or more people share the rights and obligations of the same property according to their respective shares, and there is a distinction between the number of shares.
The requirements for joint ownership are very high. Generally, if the two parties do not have a husband and wife relationship and there is no agreement, it is presumed to be jointly owned by shares.
If there is no explicit agreement to buy a house during the relationship between the man and the woman, it shall be disposed of jointly by shares.
Those with an agreement shall be divided according to the agreement, and those without an agreement shall be divided according to the principle of shares.
After the boyfriend and girlfriend terminate the relationship, they should, based on the principle of good faith, divide the houses jointly purchased by both parties during the relationship, according to their respective investment shares, and in the spirit of mutual understanding and concession.
In this case, Lao Xiao claimed that the two parties jointly invested in the purchase of the house for the purpose of marriage, and that the house should be owned by both parties according to their shares, and on this basis asked Xiao Wang to pay the difference in the price of the house division, although Xiao Wang did not approve this, saying that the house involved was a His personal property, the 400,000 yuan purchase price paid by Lao Xiao is a loan, but the purchase instructions can prove that Lao Xiao and Xiao Wang jointly invested in the purchase of the house and should be disposed of according to shares.
Finally, after mediation by the court, the two parties reached an agreement that the house involved in the case belonged to Xiao Wang, and Xiao Wang paid Lao Xiao a total of 480,000 yuan.
Scenario 2: There is no agreement on the purchase of a house between the couple, and the house is registered in the names of both parties. How to deal with it after breaking up?
Xiao Yang and Xiao Xu have been in love for many years, and they jointly invested in the purchase of a house, and applied for a housing provident fund loan in Xiao Yang’s name. , double bed and other furniture.
After the two broke up, Xiao Yang sued the court, requesting the division of the property jointly owned by both parties.
Xiao Xu believes that the house was purchased with a mortgage loan, and the conditions for division are not yet met. If it can be divided, Xiao Xu believes that the proportion of the house payment he has paid is relatively large, and the house should be owned by Xiao Xu and paid to Xiao Yang as compensation.
Xiaoxu disagreed with Xiaoyang to pay the decoration fee and the furniture purchase fee, and believed that the decoration fee for the shared house was paid by the two of them together, and both of them had been attached or mixed with the house. There is no agreement on how to deal with the decoration in the event of a dispute, and the two parties cannot divide the decoration part.
Judge speaks the Fa
If the co-owners agree not to divide the co-owned real estate or movable property in order to maintain the co-owned relationship, the agreement shall be followed. However, if the co-owners have important reasons to need division, they may request for division; if there is no agreement or the agreement is not clear, the co-owners may request division at any time. In the case of division, the co-owners may request for division when the basis of the common ownership is lost or there are serious reasons for division.
If the division causes damage to other co-owners, compensation shall be paid.
The house that Xiao Yang and Xiao Xu bought together during their love life was clearly stated in the property registration of the house as jointly owned by both parties. Now that the two parties have ended their relationship, Xiao Yang requested that the house involved in the case be divided, which should be supported in accordance with the law.
The house involved in the case is registered as jointly owned by Xiao Yang and Xiao Xu, that is, both parties share the ownership of the house involved in the case and enjoy equal rights and interests.
As co-owners, Xiao Yang and Xiao Xu can negotiate the method of division. In this case, Xiao Xu claims the ownership of the house, and Xiao Yang's request for Xiao Xu to pay the corresponding house price should be supported.
Xiao Yang asked Xiao Xu to pay for the cost of house decoration and the purchase of furniture, but it was not approved because he did not submit sufficient evidence.
Scenario 3: The couple jointly invested in the purchase of a house, but only registered in the name of one party. What should be done after the breakup?
When Xiao Li and Xiao Sun were in love, they jointly invested in the purchase of a house.
The total price of the house was 606,000 yuan, Xiao Sun paid 150,000 yuan, and Xiao Li paid 456,000 yuan.
The house is registered under the name of Xiaosun.
After breaking up, Xiao Li asked Xiao Sun several times for 456,000 yuan for the purchase of a house, but Xiao Sun refused on the grounds that he had no money.
Later, Xiao Li asked for it many times, and Xiao Sun had to write down an IOU of 500,000 yuan, and wrote down the repayment time and overdue consequences.
But by the repayment date, Xiaosun has not repaid.
Xiao Li sued the court and asked Xiao Sun to repay the loan of 500,000 yuan.
Xiaosun believes that the money to buy the house is not a loan, but a joint investment of the two, but the owner of the house is registered in the name of Xiaosun.
After the two broke up, based on their feelings, Xiao Sun wrote an IOU of 500,000 yuan for Xiao Li. In fact, the house payment was only 456,000 yuan.
Judge speaks the Fa
If the unregistered party has a small share of the capital contribution, it can provide the proof of the purchase of the house with the capital contribution, so as to request the division of the property, and the registered party will compensate its own share of rights.
If the unregistered party actually contributes the vast majority of the capital, it can request the court to confirm that the ownership of the house belongs to itself.
If the party concerned has evidence to prove that the records in the real estate register are inconsistent with the real right status, and that he is the real right holder of the real estate right, the request for confirmation of his enjoyment of the real right shall be supported.
In this case, both Xiao Li and Xiao Sun recognized that the final owner of the property was Xiao Sun, and Xiao Sun also issued an IOU for Xiao Li. , the two parties have transformed into a private lending legal relationship.
The loan relationship is the true representation of both parties and does not violate the prohibitive provisions of national laws and administrative regulations, and should be valid.
The borrower should repay the loan within the agreed time limit, and Xiao Li's request for Xiao Sun to return the loan of 500,000 yuan should be supported.
Text/Chen Cong (Beijing Fangshan Court)