What if the house was sold privately by the other party after the divorce in Ningbo?

1. first see if the house really can't be recovered.

After the divorce, it was suddenly discovered that the house that originally belonged to the husband and wife's common property had been transferred to a third party by the other party. Many people's first reaction was that the house was gone and the money could not be returned. In fact, this kind of dispute should be judged in two layers: the first layer is whether the other party's punishment is effective to the third party, and the second layer is whether the other party should bear the responsibility of compensation or less division. These two conclusions can be completely separated. There is no contradiction between the fact that the house belongs to a third person and the fact that you can get compensation. Therefore, don't give up your claim just because you see that the real estate registration has changed your name.

The order of judgment is also important. First find out the registration status of the house, the transaction time, the transaction price and the flow of funds, and then look back at how you handled the house during the divorce: whether it was clearly agreed to belong to whom, whether it was not mentioned at all, or whether the other party concealed the existence of the house at that time. Different factual bases correspond to completely different claims, and the cause of prosecution, the defendant and the direction of proof are different, so reversing the order often leads to detours, or even the wrong cause of action is rejected.

The validity boundary of the unauthorized disposition of the common property by the 2. party.

The disposition of jointly owned property requires, in principle, the consent of all co-owners. The husband and wife shall have equal rights to deal with the common property during the existence of the marriage relationship, and the major disposition shall be agreed upon through consultation. One party without the consent of the other party to transfer the joint property, is not entitled to disposition, the disposition is not binding between the co-owners, the other party has the right to claim the corresponding rights, which is the basic starting point of such cases, but also the basis of all subsequent requests.

But the law should also protect the security of transactions. If the buyer is in good faith, has paid a reasonable price, and has registered the transfer of real estate, the buyer can take ownership of the house and the original co-owner can no longer ask the buyer to return the house. These three conditions must be met at the same time, and none of them is indispensable. This is also the main battlefield for both sides to attack and defend in practice. Most disputes revolve around these three elements.

It should be reminded that good faith is based on whether the transferee knew or should have known of the existence of a defect in the right at the time of the transfer, not whether it knew afterwards. Therefore, the relationship between the other party and the buyer's relatives and friends, the obvious deviation from the same regional market price in the same period, the payment is not actually paid or turned around and returned to the other party's account, are all important breakthroughs to overturn goodwill, need to be found out as far as possible before the prosecution.

3. whether the goodwill acquisition is established, decide whether you want a house or money.

If the good faith is established, the house itself can not be recovered, your relief method to the other party to claim damages, or in the division of property to claim more points. The amount requested is usually based on the market value of the house at the time of disposition or prosecution, and is converted according to your share, which is determined by the evaluation conclusion or the pricing method agreed by both parties. It is not appropriate to report a figure based on feeling.

If the bona fide acquisition is not established, for example, if the transferee knows that the house is the joint property of the husband and wife and the other party does not agree, or the transaction price is manifestly unreasonable, the contract of assignment may be confirmed as invalid and the registration may be restored. This path is more difficult to prove, but once established, the house returns to the common state, followed by the division rules, the result is usually significantly better than simply taking a compensation.

4. found out after the divorce that there is still a right to request another division

if, at the time of divorce, one party conceals, transfers, sells, destroys or squanders the joint property of the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, the division of the joint property may be divided less or not. If the other party discovers the above situation after the divorce, it may file a lawsuit in the people's court, requesting another division of the joint property of the husband and wife. This is the most commonly used claim basis when the house is found to be sold after divorce, and it is also a way that many people do not know at all.

There are two easy-to-overlook timing issues here. First, the request for re-division is subject to the statute of limitations, which is generally calculated from the date when you know or should have known that your rights have been damaged, so you should start as soon as possible after discovery, and do not wait for the other party to take the initiative to explain for a long time. Second, if the divorce agreement has already made a clear treatment of the house, you may not advocate another division, but require the other party to perform according to the agreement or bear the liability for breach of contract, the wrong path will directly affect the outcome of the trial.

5. specific to Ningbo for handling: how to check files and file a case

in the practice of Ningbo area, the first step is usually to check the registration book and transfer registration file at the real estate registration center of the district (county, city) where the house is located. It is relatively convenient for me to inquire about my own real estate. Inquiries about houses that have been transferred to other people's names generally need to be obtained by the court with a court investigation order, a lawyer's investigation letter or after filing a case. Therefore, filing a case first and then obtaining evidence is often more efficient than repeated self-application, and it can also avoid being rejected due to incomplete materials.

Specifically to Ningbo, the online signature filing information, the flow of the transaction fund supervision account and the deed tax payment certificate are the key materials to judge whether the transaction price is reasonable and whether the payment is actually paid. These items are scattered in different departments. It is suggested to apply to the court for access at the time of prosecution, so as to avoid missing the opportunity to overturn the bona fide acquisition due to the lack of evidence found to be insufficient due to the lack of a single material.

In terms of filing channels, Zhejiang Court Network and Mobile Micro Court support the online submission of filing materials, and parties in different places do not have to make a special trip back to Ningbo. Ningbo courts generally appoint pre-litigation mediation for family and property division disputes, and Zhejiang Shared Court can also provide online mediation and trial support. From the general practice reflected in the public decision of the Ningbo court, it is a more common tendency to deal with the concealment and transfer of common property to give less points at the time of division.

Key Points of 6. Proof and Common Mistakes

the proof should focus on fixing four sets of materials: the complete chain of housing ownership and transfer registration, the comparison between the transaction price and the same regional market situation in the same period, the bank flow of payment and return, and the evidence of whether the other party made a statement about the house at the time of divorce. The first two groups decide whether the bona fide acquisition can be overturned, while the latter two groups decide whether the other side constitutes a concealed transfer, and the two lines should be advanced at the same time.

There are three common misconceptions. One is that it is completely impossible to change the name of registration, ignoring the right to request another division after divorce. The second is to think that as long as the other party did not tell themselves to be able to cancel the transaction, in fact, but also to review the buyer's subjective state and the reasonableness of the transaction. The third is to take the WeChat record at the time of the quarrel as the core evidence, but there is no objective material such as fixed registration files and capital flow in time. It is not until the court session that there is no evidence to rely on.

7. operational steps

it is suggested to proceed in the following order: first, to obtain the current situation and transfer registration records of the house from the real estate registration center as soon as possible to confirm the transfer time and the identity of the transferee; The second step is to sort out the handling statement of the house in the divorce agreement or judgment, and determine whether to take the path of re-division or breach of contract or compensation. The third step is to collect clues around whether the transaction price is reasonable and whether the payment is true to judge whether it is worth challenging.

The fourth step is to submit the filing materials through Zhejiang court network or mobile micro court, and at the same time apply for the court to obtain the information of online signature filing, capital supervision and tax payment. The fifth step is not to refuse all mediation before litigation. If the other party is willing to compensate at a discount and perform it on the spot, the efficiency is often higher than that of the whole litigation. The sixth step is to pay attention to the limitation of time, claim as soon as possible and leave a written reminder, to avoid the loss of rights that could have been realized through delay.

Practical Experience of 8. Lawyers

if you find that the house has been transferred to someone else, don't rush to decide that you "can't get it back". This kind of dispute should be divided into two levels: one is whether the other party's punishment is effective to the third party, and the other is whether the other party should compensate you and whether the division should be reduced. The two conclusions can be separated. There is no conflict between the house being owned by a third person and the compensation you can get, so don't give up your claim when you see that the property right has changed its name. The order of judgment is to first find out the registration status, transaction time and price, and the flow of funds, and then look back at how the suite was handled during the divorce, whether it was agreed to belong to whom, not mentioned at all, or whether the other party concealed it at that time, and different facts correspond to different request paths.

The key lies in the latter layer: if the buyer is in good faith, pays a reasonable price, and has registered for the transfer, the house itself usually does not return, your relief will be turned to claim compensation from the other party, or more points will be required at the time of division, and the amount can be converted according to your share according to the market value at the time of disposition or prosecution, and it is better to use the evaluation conclusion instead of reporting the number by feeling. If the buyer does not meet the good faith, such as knowing that it is the joint property of the husband and wife and the other party does not agree, or the price obviously deviates from the market, it can claim to confirm that the transfer is invalid and resume registration, which is difficult to prove, but once it passes, the result is usually obviously better than to get a compensation.

If the other party conceals, transfers or sells the common property, it can be divided less or not divided at the time of division; if these situations are discovered after divorce, it can still request to be divided again. Many people do not know this path at all. The main point is to act as soon as possible and fix the evidence as soon as possible: check the file to understand the current registration and mortgage of the property, collect the contract, transfer records, clues to the relationship with the buyer, and apply for preservation if necessary. There are two points in time to keep an eye on, one is the time limit for dividing the request again, and the other is the risk that the other party will continue to transfer the remaining property. The longer it is delayed, the more passive it will be. It should be started when the clue is found, instead of waiting for the other party to spend all the money.