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Ningbo false divorce to buy a house three major risks

Ningbo Author：LuXu WANG

How big is the risk of buying a house with "fake divorce" in order to avoid purchase restrictions and pay less tax? The conclusion is that the risk is very high, and there is no "fake divorce" at all in the law-as long as the divorce is registered in the marriage registration office, the marriage relationship will be dissolved, and there is no such thing as "invalidation" or "restoration. Article 2 of the (II) on the Interpretation of Marriage and Family Compilation, which was implemented in February 2025, is more clear: after the husband and wife register for divorce, if one party requests confirmation of the invalidity of the divorce on the grounds that the intention of both parties is false, the people's court will not support it. Common risks are concentrated in three categories: fake play, identity difficult to recover. This article tells the risks and legal consequences once and for all.

1. there is no "fake divorce" in law: registration is effective

the legal process of divorce by agreement is: both parties voluntarily divorce and sign a written divorce agreement, which states the intention of voluntary divorce and the unanimous opinions on child support, property and debt handling (Article 1076 of the Civil Code), and jointly apply to the marriage registration authority; Thirty days from the date of application is a cooling-off period for divorce, during which either party may withdraw the application; Within 30 days after the expiration of the period, both parties must be present in person to obtain the divorce certificate, those who have not received the application within the time limit shall be deemed to have withdrawn the application (Article 1077). Once a divorce certificate is issued, the marriage is dissolved.

The marriage registration authority only examines the formal elements of registration, and does not examine, nor can it examine, the "real motives for divorce" between the two parties ". The so-called "fake divorce" is a real divorce in terms of status: once the divorce certificate is issued, both parties will be single again, and either party will refuse to remarry thereafter, and the other party will not be able to force-both parties must voluntarily register their marriage again. The second article of the interpretation (II) blocks the road of "advocating the invalidity of false divorce", which is precisely to maintain the credibility of registration and the stability of identity relationship.

The only window that can be called "regret medicine" is during the cooling-off period: if either party withdraws the application within 30 days, the divorce will not be established; Failure to obtain a certificate at the expiration of the period will also be deemed to be withdrawn. Once you get the license, there is no turning back.

2. risk one: fake play, identity and property double failure

for fake divorce in order to buy a house, the common script is: both parties agree not to leave home for divorce, and remarry after buying a house. Therefore, all the real estate and deposits are agreed to belong to one party. As a result, one party went back on his word during the "fake divorce" or after buying a house and refused to remarry. Only then did the other party find out that he was single in identity and the other party's remarriage did not constitute bigamy. In terms of property, the divorce agreement gave the house to the other party in black and white, making it even more difficult to overturn it.

According to practical observation, the basic attitude of the court in such disputes is that the divorce registration is valid and the divorce agreement is legally binding on both parties (Article 69, paragraph 2, of the (I) on the Interpretation of Marriage and Family). The investor wants to return the real estate on the grounds that "it was a fake divorce at that time", which lacks legal basis. The only exception is that it can prove that the property division clause was fraudulently and coerced, and it can request to cancel the property division agreement within the legal time limit (Article 70 of the (I))-but fake divorce is usually agreed by both parties, which is difficult to constitute one party cheating the other party, and most of this road is impassable.

3. risk two: property according to the agreement to belong, the funder "clean body" difficult to chase.

In order to qualify for the first set or enjoy a low down payment and low interest rate, both parties often agree on the property in the name of one of the parties. Once the relationship breaks down and the other party claims that "the house is jointly purchased", the court will first look at the divorce agreement-the property that has been processed by the agreement will be implemented according to the agreement. If the agreement is not dealt with, it will be dealt with separately as the undivided common property (Article

83of the Interpretation (I)).

If the investor wrote the house in the name of the other party "generously" at the beginning, he could only claim to return the part of the capital contribution separately (the nature of creditor's rights) and face the proof problem of "gift or loan". If the house is purchased after divorce and in his own name, the house naturally belongs to the personal property of the buyer and has nothing to do with the other party. The tax and down payment differentials saved by a fake divorce are often much smaller than the losses caused by the redistribution of property.

4. Risk III: Avoidance of policies faces contractual and credit consequences

using fake divorce to avoid purchase restrictions and loan restrictions, but also superimposed on the policy level of risk:

  1. risks of qualification examination for house purchase: the qualification for house purchase shall be subject to the declaration and commitment system. Those who conceal their marital status and provide false materials in order to obtain qualification may be disqualified from house purchase, will not sign online or put on record, and the signed contract will face obstacles to performance;
  2. contract validity risk: in order to avoid the purchase of purchase contracts signed, loan purchase arrangements, once found to harm the public interest, may be found invalid or unable to continue to perform, the loss at your own risk;
  3. loan and credit risk: to provide false marital status information to the bank to apply for a loan, the bank has the right to request early repayment, raise interest rates or include credit records;
  4. tax risk: in order to defraud the "first set", "only housing" and other deed tax, individual tax concessions and false declaration, the tax authorities may, after verification, ask for supplementary tax and add late fees, serious circumstances in accordance with the law punishment.

5. really need to "buy a house after divorce"? First see three compliance path

if the relationship between the two parties has indeed broken down and divorce is indeed required, the purchase arrangement should return to the real state. First, the divorce agreement should completely settle the property and debts, and should not "fake" the formalities and live a real life to avoid the mixing of property. The second is to use personal funds to pay for the house purchase after divorce, keep the source certificate, and prevent the other party from claiming capital contribution in the future. Third, there are indeed doubts about the qualification to purchase, consult the current policies of housing management, banks and tax departments, and take the compliance path-most cities' purchase restriction policies have been adjusted with the market, so it is not cost-effective to gamble all one's wealth for a "qualification.

For those who have fallen into fake divorce disputes, the focus of remedy is on evidence: keep the chat records, audio recordings and written agreements of the original agreement of "fake divorce and remarriage after purchase" to prove that the division of property is not the real intention, and use it to strive for fair handling or claim the return of capital contribution in litigation; At the same time, the transfer vouchers shall be sorted out to distinguish the capital contribution for house purchase from daily transactions and prepare for possible claims.

What if the 6. is "set-up" by the other side: the boundary of fraud withdrawal.

There is also a more passive situation in false divorce disputes: one party is deceived by the other party-the other party falsely claims to "remarry after buying a house", but actually has other plans for a long time, deceiving the divorce and transferring all the property to his own name. Can this situation be reversed?

There is still no way to reverse the status relationship: divorce registration is valid, and article 2 of the (II) of interpretation also blocks the claim that "false divorce is invalid. What can be fought for is the revocation of the property clause: according to Article 70 of the (I) of Interpretation of Marriage and Family, if the divorce agreement goes back on the issue of property division and requests the revocation of the property division agreement, the court shall accept it. The key evidence for fraudulent revocation is the material that proves that "divorce and property arrangements are not the true will"-the chat records and recordings of the two parties about the fake divorce, the time of remarriage, the purchase plan, the other party's commitment to "just take a form", and the contrast of the obvious imbalance of property terms. Special attention should be paid to the fact that the right of revocation should be exercised within one year from the date when the cause of the fraud was known or should have been known (Article 152 of the Civil Code). If this period is missed, there is little hope of overturning the case.

If the revocation suit is difficult to establish, the next path is: to request the division of common property not covered by the agreement (article 83 of the (I)), or to claim the return of one's own contribution, how much can be recovered.

7.-derived risk: the chain consequences of the "window period" of false divorce.

The "single window" created by the fake divorce will also trigger a series of chain legal consequences, which most parties did not expect:

  1. loss of inheritance rights: if one party dies after divorce, the other party is no longer the legal heir and has no right to inherit his estate; if he does not remarry before his death, even if "divorce does not leave home", the estate will be inherited by his children and parents;
  2. changes in the nature of debt: during the window period, one party borrows money in his own name, because the marriage has been dissolved, there is no longer the presumption of "spousal joint debt", the scope of creditor recovery is greatly narrowed, and the risk of the other party seems to be reduced, but if the two parties still live together and operate together, the mixing of debt and property will become very complicated;
  3. new property ownership: in principle, the income and real estate purchased in their respective names during the window period belong to their respective properties, and these properties already belong to their respective premarital properties at the time of remarriage-the so-called "money earned together" may no longer be shared;
  4. suspended child support: If the window period is long and children are born, the support, settlement and parent-child confirmation of children born out of wedlock will be dealt with separately, which is much more complicated than marriage.

These consequences add up, false divorce "saved" tax and down payment difference, almost certainly less than the cost of legal risk.

8. FAQ

does a "fake divorce" legally count?

Calculate. Registration means the dissolution of the relationship between husband and wife, and there is no "false"; Article 2 of the (II) of interpretation is clear, and the court will not support the request to confirm the invalidity of divorce on the grounds that the intention is false. Both parties can only handle all affairs according to the state after divorce.

In order to buy a house, I gave it to each other. Can I come back?

It's hard. The divorce agreement has entered into force and the ownership of the property is executed in accordance with the agreement; unless it can be proved that the property terms were entered into by fraud, coercion and a request for revocation within the statutory time limit, only the portion of the contribution can be claimed separately and the vesting agreement cannot be overturned.

Is it too late to go back on your word during the cooling-off period?

It's not too late. Either party may withdraw the application during the 30-day cooling-off period; if the application is not jointly obtained within 30 days after the expiration of the period, it shall be deemed to have been withdrawn and the divorce shall not be established. This is the only legal window for "repentance.

Will fake divorce and buying a house be investigated?

Depending on the specific act. Those who provide false materials to defraud purchase qualifications and loans may face the impact of non-online signing, contract performance obstacles, bank early loan collection and credit investigation. False declaration to defraud tax concessions, face tax compensation and punishment. The consequences of the violation shall be borne by the perpetrator himself.

Already "fake divorce", can still sue for remarriage?

Can't. The remarriage is a new marriage registration of both parties voluntarily, and the refusal of either party cannot be forced; the court will not decide "to restore the marriage relationship". The only thing we can fight for is the handling of disputes after divorce, such as property and children.

Practical Experience of 9. Lawyers

in order to buy a house to "fake divorce", the illusion that needs to be broken first is that there is no fake divorce in law. As long as the divorce registration is done at the marriage registration office and the certificate is obtained, the marriage relationship will be dissolved. There is no such thing as "invalidation" or "restoration". Afterwards, the divorce cannot be confirmed as invalid on the grounds that "the two parties did not really want to leave. The only thing that barely counts as regret medicine is the cooling-off period-either party can withdraw it within 30 days after the application, and failure to obtain a license within 30 days after the expiration of the application period will also be deemed as withdrawal. Once you get the certificate, you can only rely on both parties to remarry voluntarily. If either party does not cooperate, you cannot force it.

It is precisely because of the identity of the relationship it "can not be false", the real risk falls on the property. The common script is to buy a house and put the house and savings under one party's name first, and agree to remarry after buying. As a result, the other party's fake play is really done, and the person is gone and the money is left in the other party's hands. It is very difficult for you to recover it again. It is often necessary to prove the existence of legal circumstances such as fraud and coercion before you have a chance to revoke it. The threshold is very high. Therefore, if you are already in a cooling-off period and have not yet obtained a license, and find that there is a risk, the most straightforward action is to withdraw the application and withdraw the decision-making power. Those who have already obtained the license should evaluate as soon as possible how much room there is for maneuver in the property arrangement in the agreement, instead of waiting for the other party to remarry.

A more realistic approach is to calculate the price clearly before the idea is moved. If it is confirmed that it is necessary to "buy a house after divorce", try to arrange it according to the compliance path. Don't put all the real estate deposits in the name of the other party, and keep the evidence that can reflect the real arrangement and capital exchange for a rainy day, but don't expect to rely on the "false divorce is invalid. At the same time, we should also pay attention to the possible contract and credit consequences of avoiding purchase restrictions and credit policies. Once such risks occur, they are often more expensive than spending more taxes and waiting for a period of time. First calculate the general ledger, and then decide whether to take this step.

The core risk of buying a house in a fake divorce can be summarized in eight words: "Registration is true, and agreements are difficult to turn over. "Identity relationships cannot be restored, property arrangements are difficult to overturn, and policy risks are cascading-the taxes and interest saved are far from enough to cover the cost of reshuffling the wealth. Advice to readers: if there is a real need to buy a house, take the compliance path; If the divorce registration has been handled, the property shall be reorganized and the evidence shall be fixed in time according to the true wishes. Under any circumstances, do not forge materials or make false declarations for the purchase qualification, which will upgrade the civil risk to administrative and credit risk.