How to divide the house that parents transfer to their children after marriage in Ningbo

1. first look at the parents' meaning and registered name at the time of transfer.

After marriage, parents transfer the house to their children's name. How to divide the property during divorce depends not on the price of the house, but on who the parents want to give the house to when they transfer the house. The meaning of the gift points to the husband and wife or only to one of their children, which directly determines whether the house belongs to common property or personal property, which is the starting point of the whole matter.

Whether the register is written by one child or both husband and wife is an important clue for the court to judge the object of the gift, but it cannot be used as a conclusion alone. A common misjudgment in practice: the parties think that the house was bought by their parents and transferred to me, of course, it belongs to me. In fact, the nature of the property donated after marriage, the key is the real meaning of the gift at the time, not who paid the house or who actually lived.

2. the transfer of ownership by the parents after marriage is usually presumed to be a gift to both husband and wife.

According to the provisions of Article 1063 of the Civil Code, the property determined in the will or gift contract belongs to the personal property of one of the spouses. If the transfer of ownership by parents after marriage does not leave a clear intention to give only to their own children, judicial practice will generally be presumed to be a gift to both husband and wife, and the house should be included in the division of common property.

This is also the most unexpected place for the parties in a large number of cases: the parents paid the money and wrote their own names on the certificate, but they still had to give half to the other party when they divorced. The original intention of the presumption rule is to protect the interests of the marriage community and to prevent one parent from quietly locking the property to their children after marriage and damaging the legitimate rights and interests of the spouse, so it is difficult to overturn it by registering the name alone.

The registration of a 3. in the name of a party is not necessarily personal property.

Many people think that the real estate certificate is stable only with their own name, but it is not of course. Gifted after marriage and registered in the name of one party, if the parents do not have a written statement that only one party, the court will still combine the source of capital contribution, family relations, transfer background comprehensive judgment, in many cases will be recognized as common property.

What can really change the nature of the house is the parents' clear meaning of unilateral gift, rather than simply registering the name. Therefore, instead of worrying about who is written on the certificate, it is better to let parents leave a clear written statement at the time of transfer, so as to reduce future disputes from the source, which is much more effective than arguing in court afterwards.

What evidence can 4. rely on to prove that it is really only given to one party

if you want to claim that the house belongs to the individual, the more specific the evidence, the better: the gift agreement issued by the parents and the statement that only the gift is given to you, the notarized document, the chat record that can reflect the meaning of the unilateral gift, the bank flow of direct payment by the parents, and the voucher that the taxes and fees are borne by the parents can form a complete chain of evidence.

When handling the transfer of ownership in Ningbo, if the parents clearly state at the real estate center window that only one child will be given and the file will be kept, such window records are also strong evidence. The earlier the evidence is fixed, the more convenient it will be. When the divorce proceedings begin to be filled, the best time has often been missed, and the other party may have already dealt with it.

Guidelines for Local Handling and Transfer of 5. in Ningbo

to handle the transfer of ownership of a house in Ningbo, you mainly apply to the Ningbo Real Estate Registration Center and each district sub-center. You need to submit the real estate certificate, the identity certificate of the donor and the recipient, the gift contract or the certificate of kinship, the tax payment certificate and other materials. If the materials are not complete, they will be returned for correction. It is suggested to check the list on the website of Zheli Office or Registration Center before running the window.

If the transfer of property is involved after divorce, the transfer can be made clear through the pre-litigation mediation of Ningbo court or Zhejiang sharing court, and then the transfer registration can be carried out at the registration center with the effective mediation or judgment. This will prevent both parties from going to the window to be rejected due to share disputes, and also reduce the time and economic costs of running back and forth and making up parts repeatedly.

What 6. parents contribute but only sign the agreement and haven't transferred the ownership yet?

If the parents only make a down payment or full payment, write a gift or loan agreement, but the house has been registered in the name of the parents or both parties did not transfer the ownership, divorce processing ideas are different: the nature of the capital contribution (loan or gift) to be determined first, and then talk about the ownership of the house and the corresponding compensation amount, can not be confused.

This kind of situation is also very common in Ningbo. It is suggested to go to Ningbo Real Estate Registration Center as soon as possible to clear the transfer or name addition procedures and keep the capital contribution agreement on file. If you procrastinate, you will fall into two muddle-headed accounts at the same time when you divorce, which is not good for anyone, and it is most likely to be exploited by the other party.

7. General Treatment from Ningbo Open Referee

in practice, the family cases in Ningbo area generally look at whether there is a clear unilateral gift meaning for the parents to transfer the house after marriage. If there is a clear meaning only to one party, it will not be included in the division. If there is no clear meaning, it shall be divided according to the common property, and the parents who actually contributed the capital shall be properly considered to show respect for the fact of capital contribution.

Local jurisprudence also confirms this handling: according to Ningbo court (case of property dispute after divorce between Li mou and Zhang mou), the division of property in divorce agreement is legal and effective, and the court supports the plaintiff to confirm the ownership of Ningbo real estate and requests to cooperate with the transfer of ownership; According to Ningbo Court (case of property dispute after divorce between Wang Moumou and Zheng Moumou), some houses are common property, it was decided that the house under the defendant's name belonged to the plaintiff, and the plaintiff paid the compensation of 328500 yuan-Ningbo court not only respected the clear meaning of the gift and the agreement, but also divided the house without clear meaning according to the common property and made the compensation. Mediation is preferred in family trials, and if both parties can reach an agreement on the share, the court should respect the parties' agreement. This also reminds the parties that instead of putting all their hopes on the judgment, it is better to talk about the donation evidence and the share plan clearly before the lawsuit. On the contrary, mediation can be more controllable and the relationship between the two parties can be kept decent.

8. encounter a few steps that can be operated in dispute.

If you really encounter this kind of dispute, do three things first: turn out the gift materials and payment flow at the time of transfer; Confirm with parents and make up a unilateral gift statement; Organize the statements about giving only to you in WeChat and SMS. Written documents are far more useful than verbal memories, and critical moments can directly determine who the house belongs.

There are two ways to go: if you can negotiate, go through the Ningbo District Marriage Registry consultation or the court's pre-litigation mediation fixed plan; if you can't negotiate, prepare evidence to sue the court with jurisdiction. No matter which way, keeping a written record of each step is the most practical way to protect yourself. Don't wait for the court session to think of looking for evidence.

Practical Experience of 9. Lawyers

in the end, this kind of house is often settled not in the house price, but in who the parents wanted to give the house. Therefore, the first step in dealing with it is to restore the true meaning at that time, rather than rushing to compare the amount of capital contribution. Registration in the name of one child or both husband and wife is an important clue but not conclusive. Unless there is evidence that it belongs only to one's own children, such gifts after marriage will usually be regarded as gifts to both husband and wife and included in the common property to divide. If the parties mistakenly think that "the parents bought it and transferred it to me, of course it belongs to me", it is easy to lose a point in the negotiation.

If you want to prove that the house is only for one party, you must get excellent materials: parents' intention to express the object of donation, donation agreement or written explanation, remarks on transfer and transfer of ownership, communication records between family members, etc. A single oral statement is difficult to be accepted. On the other hand, if the house is purchased by the parents but only signed the agreement and has not been transferred, the situation is different. The capital contribution may be discussed according to the loan or the gift to one party, so it depends on the content of the agreement and the actual performance, and do not confuse the two situations.

In practice, don't rush to conclusions in case of disputes, you can proceed in several steps: first check the registration and transfer time, then check the capital path of parents' contribution and loan repayment, then sort out the evidence of "only to one party" one by one, and finally talk about the division or compensation scheme accordingly. The negotiation can be cut in with a realistic point-if it is really impossible to prove that only one party belongs to one party, instead of sticking to "all belongs to me", it is better to strive for a certain tilt in proportion and match with one-time compensation, and at the same time discuss the parents' pension arrangements together, which is easier for both parties to accept.