Ningbo men buy a house before marriage registration women's name how to divide

During the love period, the man paid for the purchase of the house, the house registration in the woman's name, break up or divorce when the ownership of the house disputes, is a high-frequency problem in the family trial. The first step in dealing with such cases is to distinguish whether the parties ultimately register their marriage or not. If there is no marriage in the end, the man can usually pay for the purchase of the house for the purpose of marriage and register it in the woman's name. If the purpose of marriage fails to be realized, the man can claim to cancel the gift and demand the return of the house or the purchase of the house. If both parties have registered for marriage, the house is generally treated as the joint property of husband and wife after marriage, but the contribution of capital during division is still an important consideration for the court to determine the proportion.

The second thing that needs to be distinguished is the true meaning of the contribution. The same is the man's money, the woman's name, the legal nature may be a gift for the purpose of marriage, unconditional general gift, borrow the name to buy a house, may also be a loan. The results of the four types of treatment are completely different: the general gift is difficult to revoke after the completion of the gift, the purchase of a house under a name can claim to confirm the actual right holder, and the loan can only require the return of the principal. The key to judgment lies in the communication record, written agreement, payment remarks and possession and use at the time of purchase.

1. legal basis

article 661 of the Civil Code stipulates that a gift may be accompanied by an obligation, and if the gift is accompanied by an obligation, the donee shall perform the obligation in accordance with the agreement. A large property payment for the purpose of marriage can be understood as a conditional gift under this framework, and if the condition is not fulfilled, the payer may claim the return. Article 663 also provides for legal revocation rights, including serious infringement of the legitimate rights and interests of the donor, failure to perform the obligation to maintain the donor, and failure to perform the obligations stipulated in the gift contract.

Articles 1062 and 1063 of the Civil Code stipulate the scope of joint property and personal property respectively. Property acquired before marriage belongs to personal property in principle, and property acquired during marriage belongs to common property in principle. For a house funded by one party before marriage and registered in the name of the other party, the court will make a comprehensive judgment on the nature of the capital contribution time, registration time, marriage time, source of funds and agreement between the two parties, rather than making a conclusion based solely on the appearance of registration.

The People's Court of Zhejiang High Court "Answers to Several Questions about the Trial of Marriage and Family Cases" (Gao Fa Min -1 [2016] No. 2) has special rules for the determination of the nature of premarital payment for house purchase and post-marital registration of property rights. Ningbo courts generally refer to this answer in similar cases, combining the time of contribution, the source of funds and the comprehensive judgment agreed by both parties.

2. core points

1. Unmarried Break-up: Return Path of Conditional Gift

during the relationship, one party pays for the purchase of the other party's house and registers it in the other party's name. If there is no clear and unconditional gift intention and there is no agreement to borrow, it is usually understood as a payment for the purpose of entering into a marriage. If the marriage is not concluded, the basic purpose of the payment is defeated, and the party paying may claim the return. In practice, the court will focus on reviewing the correspondence between the time of purchase and the process of marriage, the content of communication between the two parties at that time, the payment path and who will actually use and bear the cost of the house.

The scope of the return also needs to be discussed on a case-by-case basis. If the house has not been sold and is still registered in the woman's name, it can claim to return the house and cooperate with the transfer registration. If the house has been sold, it can claim the return of the house price. If the house appreciates significantly after purchasing the house, the ownership of the value-added part is controversial in practice. The court will usually determine it at its discretion in combination with the fault of both parties, cohabitation time, common living conditions and the principle of fairness, and not all.

2. Divorce after marriage: the dispute over shares in the framework of common property

if there is no special agreement after marriage, the nature of the house registered in the woman's name before marriage depends on the time of purchase and the source of funds. If the man's full contribution is made before marriage and is registered in the woman's name, the house may be treated as joint property after marriage, but if the man can prove that the full contribution is made and the marriage lasts for a short period of time, the court may favor it in determining the share, not necessarily evenly divided.

If the loan of the house is repaid with the joint income of the husband and wife after marriage, or the decoration is jointly financed, then the joint repayment of the loan and its corresponding value-added part and the corresponding value of the decoration are all property contents that need to be dealt with together. In addition, if the two parties sign a written agreement before or after marriage to clarify the ownership or share of the house, the agreement is legally binding on both parties, and the court will give priority to the agreement.

3. need to pay attention to the boundary conditions

if the man makes it clear at the time of the contribution that the house is donated to the woman personally and has completed the registration, then under the framework of the general gift, it will be significantly more difficult to claim the return on the grounds that the purpose of the marriage has not been realized. Whether there is a clear meaning of gift often depends on chat records, written instructions and transfer notes, which is why a remark at the time of contribution will have an important impact in future litigation.

If there is an agreement to buy a house by name or other evidence to prove the actual right holder, the actual funder can claim to confirm that the house belongs to himself, but if the purchase by name involves circumventing the purchase restriction policy, the court will be more cautious in determining the validity of the agreement. In addition, the purchase qualification, loan qualification and registration name are integrated, the house is registered in whose name, who is the opposite party of the loan contract, the subsequent repayment responsibility, credit impact and re-purchase qualification are bound.

Practical Experience of 4. Lawyers

in cases where the man pays and the house is registered in the woman's name, the first step depends on whether she is finally married, because whether she is married or not, the processing logic is completely different. If you are not married, the purchase of a house with capital contribution will usually be dealt with under the framework of "payment for the purpose of marriage". If the purpose of marriage fails, the man will have the opportunity to claim the return. If you are already married, the house generally enters the category of the couple's common property, but the contribution of capital contribution is still an important consideration in determining the proportion when dividing. Therefore, don't rush to argue about "who is the name" and first determine the relationship between the two sides.

Secondly, it is necessary to see the true meaning of the contribution at the time, which often determines the result. Similarly, one party pays money and registers it in the other party's name. The nature may be a general gift, a gift for the purpose of marriage, a house under a name, or a loan. The treatment methods are different. The judgment is based on the communication records at that time, whether there is a written agreement, transfer notes, who owns and uses the house. The party preparing to claim should find out the evidence that can support its own characterization from these details. It is far from enough to rely on "I paid for the money.

When negotiating, the two situations can be discussed separately: if you are not married, take the return of the house or the purchase of the house as a claim, and at the same time take the actual situation of registration, decoration and residence as a reference factor; If you are already married, put out the factors of contribution, repayment of the loan after marriage, age of marriage and children to strive for a reasonable share. In either case, it is recommended to form a written plan on the ownership of the house, the method of compensation and the time of vacating the house. Also note that the other party may use "borrowing a name to buy a house" or "borrowing" as another characterization, and figure out how to respond in advance.