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Ningbo love period to buy a house together to break up how to divide

Ningbo Author：LuXu WANG

During the period of love, we paid for a house together and split up before we got the license. Who is the owner of this suite and whether it can be returned is a high-frequency question in the consultation of young people in Ningbo. The answer is not in the "marriage law", but in the "common" rule-because the two parties have not yet registered their marriage, the division of marital property is not directly applicable, but depends on capital contribution, registration and written agreement.

Why 1. love house purchase does not apply to the division of marital property.

Unregistered marriage, take the path of general property law.

If a man and a woman have not registered their marriage, they shall not form a joint property relationship between husband and wife. Houses purchased jointly during a relationship are treated in accordance with the rules of the the People's Republic of China Civil Code on common property, unjust enrichment and borrowing at the time of separation, rather than the divorce property division path of Article 1087. This is exactly where many parties mistakenly believe that "half of the money must be paid.

2. the determination of common and common ownership by share.

1. There is an agreement from the agreement, no agreement to see the contribution.

Articles 108 and 399 of the Civil Code stipulate that if the co-owners have an agreement on the nature of the co-ownership, if there is no agreement or the agreement is unclear, it shall be deemed to be shared by share, except for family relations, etc., and the share shall be determined according to the amount of capital contribution; if the amount of capital contribution cannot be determined, it shall be deemed to be enjoyed in equal amount. In other words, if there is no written agreement on the purchase of a house in love, the share is usually determined according to their actual contribution ratio, rather than each half.

2. How to calculate value-added and loan repayment

the value-added of the house and the joint repayment of the loan after marriage are generally distributed between the two parties according to the proportion of capital contribution and contribution. In the case of one party paying more down payment and the other party paying more monthly payment, the court will calculate the principal and the corresponding value-added item by item, rather than simply half-and-half. If the Ningbo area involves the accounting of compensation for joint repayment of loans after marriage, you can refer to the Ningbo Intermediate People's Court's "Case Statement" "Divorced, How to Calculate the" Account "?" (2014-08-05) in the calculation caliber of compensation: value-added index x (joint repayment ÷ 2)(Beilun District Court judge's caliber).

How the contributor provides evidence when the 3. is registered in the name of a party.

Only by transfer notes "purchase" may not be enough

when the house is registered in the name of the other party, the premise for the investor to return the money is to prove that the money is "joint purchase capital contribution" rather than "gift" or "loan". The purchase contract, transfer voucher, the meaning of "we buy together" in the chat record, and the record of joint participation in loan repayment are all key evidence. If there is only one transfer without other supporting evidence, the claim of shared ownership is often rejected. According to Yinzhou Court's White Paper on the Trial of Marriage and Family Cases (2019-2021), WeChat and other electronic evidence has many defects in proof and is difficult to accept. Chat records should be kept in the original carrier and fixed in time. Screenshots alone are often difficult to accept.

How to return the capital contribution of the 4. for the purpose of marriage.

Failure of purpose may claim return

if the contribution is expressly for the purpose of concluding a marriage (e. g., the families of the two parties jointly contribute for the preparation of the marriage), after the dissolution of the marriage contract, the contributor may claim the return of the corresponding amount and the corresponding appreciation on the grounds that the purpose cannot be realized, in accordance with the principle of fairness and the rules of unjust enrichment. However, if it is purely a voluntary joint investment in the purchase of a house during the period of love, it is generally divided according to the common division, and the "bride price" return is not of course applicable. Ningbo has a real judgment sample on the return scale of unregistered marriage: according to Zhejiang legal daily 2022-02-16, in a bride price dispute case heard by Yinzhou court, 260000 yuan was paid for the bride price, the two parties did not register their marriage but lived together for more than one year and the woman lost her pregnancy, and the court decided to return 120000 yuan-whether to register the marriage, the time of common life and the birth situation are important considerations for Ningbo court to judge the return ratio.

5. case proof

according to the caliber of handling disputes over the division of similar cohabitation and common property and marriage contract in Zhejiang, if the investor can provide supporting evidence of the contract and transfer during the love period, most of them support the return or discount compensation according to the proportion of capital contribution. Those who can only prove the transfer but cannot prove the agreement of joint purchase are usually deemed as loans or gifts and handled according to corresponding rules. The referee thinking of similar disputes in Ningbo area is consistent with this.

6. Risk Alert

  • only write the other party's name, oneself just make money, after breaking up proof of common purchase agreement is difficult, rights and interests are easy to fail.
  • The transfer note reads "buy for you" and "use it casually", which may be regarded as a gift rather than a contribution.
  • The parents paid the house on their behalf without a written explanation, and it is difficult to distinguish whether it is a loan, a gift or a contribution to both parties.
  • I mistakenly thought that "half of the money is paid", did not fix the evidence of capital contribution when buying a house, and was passive after breaking up.
  • The down payment is made in cash and there is no voucher, and the share and value-added calculation is not based.

7. FAQ

how do you divide the houses you bought together during your love affair without getting married and breaking up?

Because the marriage is not registered, the division of the property of the husband and wife is not applicable, but is handled according to the common rules. There is a written agreement from the agreement; if there is no agreement, it is usually shared according to the actual proportion of capital contribution, and the principal and value added are accounted for at the time of division.

The house only has the name of the other party written on it. Can I get my money back?

It can be claimed, but it must be proved that it is a joint purchase capital contribution rather than a gift or loan. Purchase contracts, transfer vouchers, joint loan repayment records, and the meaning of joint purchase in chat are all key evidence.

The down payment our parents paid for us, do we have to get it back after we break up?

It depends on the nature of the original agreement. If it can be proved that it is a loan or a capital contribution with the conditions of marriage, it may claim its return; if it is deemed to be a gift to both parties, it is incorporated into the common division. Parents are advised to leave written instructions at the time of payment.

Do you want to sign an agreement to buy a house in love?

It is strongly recommended to write a written agreement on the proportion of capital contribution, the way of registration and the way of separation and division. The written agreement can not only fix the share, but also avoid the dilemma of "gift or loan" in the future.

Practical Experience of 8. Lawyers

during the love together to pay to buy a house, haven't got a license to split up, this suite in the end who? The answer is not in the rules of the couple's property, but in the common rules-the parties did not register the marriage, not directly applicable to the division of property in the event of divorce, but to see the contribution, registration and whether there is a written agreement. If there is no agreement or the agreement is unclear, it is usually not recognized as a 50/50 share, but the share is determined according to the actual proportion of capital contribution. The value-added part of the house and the joint loan repayment are generally distributed between the two parties according to the proportion of capital contribution and contribution. If one party pays more down payment and the other party pays more monthly payment, the principal and corresponding value-added will be calculated item by item, rather than simply folded in half. If you think about this rule first, you won't start with the false expectation that "half of my money will be paid.

Whether you can get it back or not and how much you can get back, the key lies in the proof. When the house is registered in the name of the other party, the premise for the investor to repay the money is to prove that the money belongs to "joint purchase contribution" instead of donation or loan-the meaning of "we buy together" and "how much I give" in the purchase contract, transfer voucher, chat record, and the record of joint repayment are all core evidence. If there is only one transfer without other supporting evidence, the claim of sharing by share will often be rejected. If the capital contribution is clearly for the purpose of marriage (e. g. the two parties jointly contribute for the preparation of marriage), after the marriage contract is dissolved, the funder may claim to return the corresponding money and the corresponding value-added on the grounds that the purpose fails. However, if it is purely a voluntary joint investment to purchase a house during a love affair, it is generally treated as a common one, and the return of "refund of bride price" is not of course applicable. Electronic evidence, in particular, should be fixed in a timely manner, leaving only screenshots is often not enough, retaining the original carrier, if necessary, preservation, the credibility will be much higher.

There are several experiences worth remembering when it comes to getting the money back. First, don't think that if you write "buy a house" in the remarks, everything will be fine. A single transfer has limited proof, and relevant communication records should be kept simultaneously at ordinary times. Second, the clearer the path of funds, the more favorable it is. It is easier to prove the joint contribution by paying directly to the seller's account than by transferring it to the other party first and then paying on behalf of the seller. The latter must be reinforced with chat records. Third, value-added, joint loan repayment, decoration investment should be calculated item by item and asked to share, don't just focus on the down payment. Fourth, the sooner it is handled, the better, the house will be disposed of, the account will be emptied, the records will be lost, and the longer the delay, the more difficult it will be to preserve the evidence. If the negotiation can be concluded, write a written agreement on the ownership of the house, the amount of compensation, the node of payment and transfer, and the consequences of breach of contract ".