Ningbo divorce case involves other people's property how to do.

1. legal basis

the scope of property divided by divorce shall be based on the joint property of husband and wife as stipulated in Article 1062 of the Civil Code. For property registered in the name of a third person, it is necessary to clarify the true ownership of rights before deciding whether to deal with it in a divorce case.

What needs to be distinguished is that the property under the name of the third person is not always "undivided", but depends on who is the real right holder. If it can be proved that the contribution comes from common property and there is a substitute or joint agreement, the court may review it in a divorce case.

2. core points

if there is property "under the name of another person" in a divorce case, first ask two things: whether the money is the common property of the husband and wife, and whether the name is "held on behalf of a third person". If the contribution is derived from joint income after marriage and can be proved to be a substitute or joint acquisition, the court may review and divide it in a divorce case.

If it is only registered in the name of an outsider and there is no evidence on behalf of him, divorce cases are usually not divided directly, but are informed of the confirmation or return of rights in another case to avoid infringing on the interests of third parties. In practice, for those who do buy a house by name, they can deal with ownership and compensation in divorce proceedings, but they need to meet a higher standard of proof.

3. boundary conditions

the boundary lies in the evidence and the interests of the third party. There are capital contributions, holding agreements, chat confirmation, can promote the division together. When it comes to parents' names, it is also necessary to distinguish whether it is a gift, a loan or a nominee, and the conclusion is completely different. Even if the parental contribution is explicitly given to only one of their children, it is usually not included in the division of common property.

4. operational steps

the first step is to sort out the source of the property's contribution and export the bank flow to the specific destination. The second step is to collect written and chat evidence held on behalf of or in common. The third step is to evaluate whether the divorce case is claimed together, or whether the right is confirmed in another case and then divided, and determine the path according to the strength of the evidence, so as to avoid wasting time after the application is rejected.

5. common mistakes

myth 1: As long as the other relative's name will be able to share. Wrong, must prove the contribution or holding.

Myth 2: Divorce cases must be able to deal with all third party property together. Involving the rights of outsiders, it is often necessary to separate cases to prevent infringement of third parties.

Myth 3: It's completely out of the question if you don't write a nominee agreement. Chat records and continuous capital contributions may also form a chain of factual evidence.

Myth 4: All the money given by parents is a gift. It may be a loan or a nominee, which needs to be judged in conjunction with the meaning of the contribution.

6. operational steps

1. Funding traceability

make a timeline of all the sources of funds for the property, corresponding to the joint income node after marriage.

2. Grading of evidence

distinguish between strong evidence (agreement, flow) and weak evidence (oral) and decide whether to deal with it together or in another case.

3. Path selection

if the evidence is sufficient, the divorce case will be claimed; if the evidence is insufficient, the right will be confirmed first to avoid being rejected by the court to deal with another case.

7. list of evidence: to prove that "the other person's name is actually common"

1. Evidence of source of funds

the bank flow transferred from the joint account of the husband and wife or the post-marriage income account of one party is the starting point to prove that the capital contribution is actually the common property.

2. Subscription or common consent

the statements in the written proxy agreement and chat record about "writing the parents' name first" and "returning after the transfer" can prove that the registered name is separated from the real right holder.

3. Practical Use and Control

the fact that the house is actually occupied by the husband and wife, the rental income is at the disposal of the husband and wife, and the taxes and fees are paid by the husband and wife, etc., can support the true ownership of rights.

8. practice tips

when property in the name of a third person is involved, procedural choice is more important than substantive argument. Sufficient evidence can be claimed together in a divorce case. Insufficient evidence, however, insists on dealing with it together, and is often told by the court to take another case, which instead delays the cycle and increases the cost.

If the third person is a parent, it is also necessary to distinguish the nature of the contribution: whether it is a gift, a loan or a proxy. The gift is generally no longer divided, the loan forms a claim can be claimed, and the holding may be directly confirmed. Qualitatively different, the path is completely different, it is recommended to sort out the true meaning of the contribution.

9. ideas for dealing with different types of property

1. Property in the name of parents

first, distinguish whether to buy a house under a name, whether parents own it or give it with conditions. The point of contribution and the source of funds are the key: after marriage, the joint income contribution and no intention of gift is more likely to be identified as a proxy or creditor's rights.

2. Property in the name of the child

property registered in the name of a minor child is generally regarded as a gift to the child and is not divided as common property in the event of divorce, unless there is sufficient evidence to prove that it is purely a debt avoidance or a proxy.

3. Corporate or others' shareholding rights

the identity of the anonymous shareholder shall be proved by the fact of the holding agreement, the capital contribution certificate and the actual exercise of the shareholder's rights, and the division shall be discussed after confirmation, otherwise the corresponding claim can only be claimed.

10. procedure connection and execution

1. The connection between the right to confirm another case and the divorce case.

When the property ownership of a third party must be resolved in a separate case, it can be promoted in coordination with the divorce case: the division of the undisputed common property shall be completed first, the part involving the third party shall not be dealt with in the divorce case for the time being, and the claim shall be made after the confirmation judgment takes effect, so as to avoid the long delay of the divorce case due to the undetermined ownership. When confirming the right in another case, the spouse and the third person should be listed as the parties, and the three-level facts of capital contribution, agreement and registration should be found out at one time to prevent omissions after the judgment comes into effect. If the period of another case is too long, it is also possible to request a suspension of processing of that part of the property and reserve the share in the divorce case until the conditions are ripe and then split it.

2. Post-judgment transfer and enforcement

after obtaining the effective document confirming the ownership or division, the real estate change registration or payment delivery shall be handled in a timely manner, and the other party may apply for enforcement if it does not cooperate. A common obstacle at the enforcement stage is the transfer or establishment of a new mortgage by the other party, so it is equally important to apply for preservation at the litigation stage and to enforce it as soon as possible after the judgment. For settlement by monetary compensation, the payment period and overdue consequences should be clearly defined, and if necessary, the other party's property clues should be verified before execution to ensure that the judgment can be implemented.

Eleven, lawyers actual combat experience

when divorcing, it is found that the property is registered in the name of another person, and the client is often confused. The lawyer usually asks two questions first: whether the money is from the joint property of the husband and wife, and whether the "name" is held by a third person. The logic of judgment is that if the capital contribution comes from the joint income after marriage and can prove the agreement of holding or joint purchase, the court can review and divide the divorce case together. However, if the property is simply registered in the name of the outsider and there is no evidence on behalf of him, the divorce case will not divide it directly, but will guide the other case to confirm the right or return so as not to damage the interests of the third party. Therefore, "registration in someone else's name" does not mean "it must not be divided". The key is whether it can be penetrated.

If you want to make this relationship clear, proof is the core. In practice, it is generally divided into several steps: first, sort out the funds along the sources of capital contribution, and map the bank flow to the specific payment destination to prove that the money really comes from common property; Then collect written materials held on behalf of or in common, chat confirmation, repayment or dividend records, etc. to show that registration is only an appearance; Then evaluate whether it is more advantageous to deal with this property together in a divorce case, or whether it is safer to confirm the right in another case, the procedural convergence and evidentiary requirements are not the same. Especially when it comes to property in the name of the parents, it is necessary to first distinguish whether it is a gift, a loan or a nominee, the conclusions of the three are very different, do not take it for granted to claim according to one.

Procedural convergence should also be planned in advance. If the property is indeed owned by an outsider, it should be resolved in a separate case to avoid being forced in the divorce proceedings and instead being rejected as improper in the proceedings; if the judgment can be dealt with together, it is necessary to seize the opportunity to apply for preservation to prevent the other party from further transferring or transferring the property during the proceedings. When giving evidence, try to form a closed-loop chain of evidence of "source of contribution-consensual holding-property status quo", which is difficult to promote by suspicion alone. In a word, to deal with the property under the name of others, first distinguish the ownership of rights, and then decide where and how to fight, and get the direction right, so as not to suffer repeated losses in the procedure.