Ningbo cohabitation to buy a house to break up how to divide

Buying a house together without a license is more troublesome than divorce when breaking up-because there is no legal common property system, who owns the house depends on "who pays, who writes, and whether there is an agreement.

The difference between 1. cohabitation property and marital property

the income of husband and wife during the marriage is in principle legally shared, while cohabitation is not protected by this rule. The property purchased during cohabitation cannot be simply applied to "buying a house after marriage is common", but should be determined according to the general property relationship, capital contribution and agreement.

First judge whether it is common or shared.

If there is no express agreement between the two parties, the property is more according to their respective proportion of capital contribution according to the identification, rather than of course half. The party that contributes more and is registered in its own name usually has a larger share or even all of it.

2. purchase capital contribution is the core

who paid the down payment, who paid the loan, and from which account the money came out are the hardest evidence of breaking up and dividing houses. The transfer record, repayment flow, and the nature of the parental contribution (loan or gift) directly determine the share division.

The nature of the parents' contribution should be clarified.

During the period of cohabitation, one parent pays for it, whether it is a loan, a gift to his children, or a gift to both parties, and the conclusion is very different. When there is no written explanation, the court will combine transfer remarks, chat and local custom judgment, leaving a word in advance can save a lot of disputes later. Ningbo families often transfer large amounts of funds through bank transfers. The clear statement in the transfer notes and chat records is often the key to identify the nature in the future.

Impact of 3. property registration

in whose name is registered, it will affect the external publicity and internal evidence. If one party is registered and the other party only contributes capital, the contributor must produce evidence of payment in order to claim a share.

Don't think "living together is common"

cohabitation is not the same as marriage. The fact of living together and repaying the loan together can increase the bargaining chip of claiming share, but it can not replace the proof of capital contribution. Taking "we live together" as the basis of ownership is the most common misunderstanding.

The role of 4. written agreement

if there is an agreement on the ownership of the property, the proportion of capital contribution and the division of the breakup before the purchase, it will be the most convenient to deal with the breakup according to the agreement. The oral "later count everyone's" is extremely weak in proof, and only black and white works.

A joint agreement saves a lot of proof.

The most effective risk control for cohabiting a home purchase is to sign a written co-ownership agreement at the same time as the purchase contract, stating the amount of their respective contributions, the proportion of their shares, the method of sharing monthly contributions, and the rules for handling the breakup. Conditional directly in the real estate registration for joint registration and indicate the share, in the future no longer need to rely on water back, the dispute space is almost zero.

How do 5. contribute to living together?

The real estate purchased jointly during the cohabitation period shall be treated according to the proportion of their respective capital contribution. If the capital contribution is difficult to ascertain, reference will be made to the actual contribution during the common life period. Undertaking housework, raising children, assisting the other party's work, etc., can be used as a discretionary adjustment factor when the evidence is sufficient, but the rules on compensation for housework between husband and wife do not apply.

The capital contribution certificate takes precedence over the oral statement.

The transfer records of down payment, monthly payment and decoration are the core. Asking for more shares based on the length of cohabitation alone is often difficult to gain support.

The three-step accounting when 6. cohabitation purchase breaks up.

The first step is to identify the basis of ownership. Cohabitation does not produce a legal common relationship, the house in principle according to the registration and capital contribution determination, the party claiming the share must prove their own contribution, which is completely different from the logic of the presumption of common property in the marriage relationship.

The second step of accounting for the proportion of capital contribution, the down payment, taxes, decoration, monthly principal and interest item by item collection, respectively, marked the investor and the amount, calculate the percentage of the total cost of the purchase. The third step is to multiply the proportion by the present value of the house to determine the amount of equity, by the acquisition of the house to the other party to pay discount compensation, the present value of the house to the evaluation price or the recent transaction price of the same community.

7. case proof

in practice, during the period of cohabitation, both parties jointly contributed to purchase the house and registered it in the name of one party, and the other party submitted records of down payment transfer and monthly deduction to prove that its actual contribution accounted for 40% of the total cost of purchase. The court determined that it enjoyed 40% of the share according to the proportion of contribution, and the registered party compensated at a discount according to the present value of the house, not of course shared by cohabitation.

In practice, when one parent pays the down payment of 600000 yuan in full, there is no written agreement and the house is registered in the name of his own child, the court finds that it is a unilateral gift to the child, and the other party only claims to return the monthly principal and interest of about 180000 yuan that he actually participated in the repayment, and has not obtained the share of the house.

8. Risk Alert

• with "living together" instead of funding evidence, the share claim does not stand.
• The parents did not specify the nature of the contribution and said their own words afterwards.
• Only write the name of one party but rely on the other party to repay the loan, the investor passive.
• Verbal agreement share, can not be proved when breaking up.
• Mortgage with a common account does not leave a record, the contribution is not clear.

9. FAQ

is buying a house together without a license a common property?

Not legally common. According to the general property relationship, it is determined by capital contribution and agreement, usually by share rather than by half.

Just write the name of the other party. Can I get my money back?

Can, by transfer and repayment flow claim the corresponding share; Registration does not change the fact of capital contribution, but you have to prove it.

Who is the down payment from the other parent?

Look at the nature. There is an agreement from the agreement, no agreement registered in the name of their children, more than a separate gift or loan, the other party is difficult to divide.

What should we pay attention to before buying a house?

The proportion of capital contribution, property rights registration, break-up division into a written agreement, parents to indicate the nature of capital contribution, to avoid future different words.

Only the name of the other party is written, can I get my money back?

Can claim, but to come up with a complete chain of evidence of funding. Down payment transfer vouchers, monthly deduction records, decoration contracts and payment documents should be complete, the court usually according to the actual contribution to the proportion of the total cost of the purchase to determine the share or order to return, oral statements are difficult to support.

What is the difference in the division logic between cohabiting and buying a house after marriage?

In principle, the purchase of a house after marriage is presumed to be the joint property of the husband and wife, while the purchase of a house by cohabitation does not have such a presumption, which is fully determined by registration and contribution. This means that the party in the cohabitation relationship who does not contribute and leaves no vouchers may get nothing when they break up.

Practical Experience of 10. Lawyers

the cohabitation relationship is different from the marriage relationship. The presumption rule of common property cannot be directly applied. Whoever advocates division must first prove that he has contributed or contributed to the house. So the first step is to put "who pays the money" into practice: who pays the down payment, monthly payment, decoration, taxes and fees respectively, keep the bank transfer, credit card voucher, and the agreement on capital contribution in the chat. If it is registered in the name of one party, the other party should claim the right. The evidence of capital contribution is the most important bargaining chip. It is difficult to directly allocate the house based on the fact of living together.

Title registration and written agreement can significantly affect the outcome. Registered in the names of both parties, usually according to the common treatment, split to see their respective shares or proportion of capital contribution. If a written agreement had been signed at that time, it would have been much clearer to deal with the capital contribution, share and how to deal with the breakup. Care, household chores and other contributions in the common life may be considered as appropriate in individual cases, but it is difficult to share the property on this basis alone.

The accounting at the time of the break-up can be carried out in three steps: first determine the present value of the house, then clarify the actual capital contribution of each, and finally divide it according to the proportion of capital contribution or agreement, and settle the dispute through litigation. It should be noted that the house has a loan, is mortgaged, or the registration party refuses to cooperate, will increase the difficulty of processing. Worried about the other party's disposition, timely query the status of the property or even apply for preservation. A piece of prior agreement during cohabitation is often much cheaper than a long argument after a hand-over.