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What are the risks of buying a house with fake divorce in Ningbo

Ningbo Author：LuXu WANG

In order to get the first mortgage and avoid the purchase restriction, many couples choose to "fake divorce" to buy a house again. However, there is no false divorce in the law, and getting a certificate is a real divorce. How to calculate the property after divorce often exceeds the original assumption.

1. there is no fake divorce in law

as long as both parties voluntarily go to the civil affairs department to register for divorce and obtain a divorce certificate, the marriage relationship will be dissolved, and there is no "fake. The so-called false divorce is only the subjective arrangement of the parties, and the legal consequences will be treated as real divorce.

The divorce agreement is binding

the divorce agreement signed for the purpose of buying a house shall be legally binding on both parties after the divorce takes effect. It is difficult to reverse the property arrangements that have been in effect by saying "it was false at the time" afterwards.

Immediate dissolution of 2. identity relationship

after divorce, the two parties no longer have the status of husband and wife, each other without support, no inheritance rights. One party in the "divorce period" to buy a house, love or even remarry, the other party can not be prevented by the relationship between husband and wife, the risk is completely at their own risk.

Eligibility to buy a house and ownership of property rights

buying a house in the name of one party after a "divorce", the house is usually registered as the personal property of that party. If the agreement to "remarry after buying" is not fulfilled, the property may really belong to the other party, but the investor rights difficult.

3. evasion of debt can be revoked

if the divorce agreement gives all the property to one party with the intention of evading the debt, the creditor may, in accordance with the relevant provisions (II) the judicial interpretation of the marriage and family, claim to revoke the property division clause by reference to the creditor's avoidance rule in order to pay off the debt.

Ningbo local judges are also concerned about such arrangements: according to the Ningbo Intermediate People's Court "case statement" "divorced," how to calculate the "account"? "(2014-08-05), the loan during the marriage can be identified as the joint debt of the husband and wife when the other party knows and is used for family living together, the debt agreement in the divorce agreement is invalid to the third party but can be recovered afterwards," fake divorce "does not block the creditor's recovery path.

1. Consequences of False Meaning

if the policy is circumvented with the false intention of divorce, the divorce itself has taken effect, but if the relevant property arrangement harms the rights and interests of others, it may be deemed to be revocable or invalid, and the loss outweighs the gain.

2. Time window for creditor avoidance

the creditor may exercise the right of revocation within one year from the date of knowing the cause of revocation and within five years from the date of the act. This means that arrangements to transfer property through divorce may still be turned over years later. The review focused on whether there was a debt at the time of disposition, whether the consideration was manifestly unreasonable, and whether the transferee was aware of the three points, with little suspense about revocation.

4. remarriage does not mean recovery.

Even if the marriage is remarried later, the property acquired during the divorce is personal property before marriage and will not automatically be converted back into common property as a result of the marriage. If you want to return to the past, you need to re-agree or re-register, which is complicated and prone to disputes.

Original property does not automatically change back to common after remarriage.

Many people think that remarriage will restore everything to the original state. In fact, the division of property that has been completed in the divorce agreement is final, and remarriage will not make it automatically turn around. If you want the property of the original party to become common property after the remarriage, you must re-sign a written agreement on the property of the husband and wife, and if the real estate is involved, you must also go through the registration change, otherwise the divorce will still be handled according to the original ownership.

The Three Most Common Actual Losses 5. a Fake Divorce

the first is the loss of property rights. Once the divorce agreement comes into effect and the registration change is completed, the house will be owned by the registrant. After the event, it is argued that we are only a fake divorce, which is almost impossible to overturn, because the agreement itself is the true meaning signed by both parties, and the court will not deny its effect because the motive is to buy a house.

The second is the loss of ownership of the new property and the third is the loss of debt and credit. The period between divorce and remarriage belongs to their respective single periods, and the newly purchased property and new deposits of one party belong in principle to their individuals, while the debt arrangements made to free up the eligibility to buy a house, if deemed by creditors to evade enforcement, may also be revoked and bear the costs of litigation, and eventually both ends fall short.

6. case proof

in practice, the husband and wife agreed to divorce in order to avoid the purchase restriction and agreed that the original property should be owned by one party. After the agreement, the two parties did not remarry according to the oral plan. The registrar claimed that the house was their personal property. The court confirmed the ownership according to the divorce agreement and real estate registration. Although the other party contributed more than 80% of the capital, it was only awarded discount compensation for the monthly payment of about 1500

00yuan.

In practice, before being sued, the debtor transferred all the two properties under his name and the main deposit of about 2 million yuan to his spouse through divorce, and he only assumed all the debts. The creditor's application for cancellation of the property division clause was supported. The court found that the disposition was obviously unreasonable and damaged the creditor's rights, and the corresponding property returned to the enforceable scope after cancellation.

7. Risk Alert

  • thought that false divorce has no consequences, identity really lifted.
  • The divorce agreement property arrangement is difficult to overturn afterwards.
  • The purchase is registered under the name of the other party, and the other party does not cooperate with the remarriage.
  • In order to escape the debt divorce, the terms were revoked by the creditors.
  • After the remarriage, the property is not automatically restored and the rights and interests are lost.

8. FAQ

is false divorce protected by law?

The law does not recognize false divorce, registration is a real divorce, all according to the consequences of real divorce.

Is the house bought during the divorce common?

Generally registered as personal property, if not remarried, the funder is difficult to recover, at their own risk.

Is a fake divorce helpful?

It's no use. The creditor may claim to revoke the property division clause and the property is still used to pay the debt.

Does property automatically become common after remarriage?

Not automatically. Those acquired during the divorce are pre-marital individuals and need to be re-agreed or registered before changes can be made.

Is the house bought by the other party during the false divorce counted as common property after remarriage?

Not in principle. Between divorce and remarriage, the parties are each single, and the property purchased during the period is owned by the purchaser. If you want to change your ownership, you need to re-sign a written property agreement after remarriage and handle the change of real estate registration, which cannot be claimed by verbal commitment alone.

Can you sue to confirm that the divorce agreement is fake?

It is extremely difficult to get support. The agreement is voluntarily signed by both parties and has been registered for divorce. The motive is that the purchase does not affect its effectiveness. Unless it can be proved that there was fraud or coercion at the time of signing and it is filed within one year of divorce, the court usually confirms the agreement to be valid and the contributing party can only claim limited discount compensation for the actual payment.

Practical Experience of 9. Lawyers

the biggest mistake of buying a house with fake divorce is that the parties believe that as long as both parties understand that it is a fake divorce, the law will deal with it as a fake. The fact is just the opposite: as long as you go to the civil affairs department to register for divorce and get a certificate, the marriage relationship will be dissolved immediately. There is no false divorce in law. The so-called false divorce is only the subjective arrangement of the parties, and the consequences will be treated as real divorce. The divorce agreement signed to buy a house is as binding as the agreement on the division of property after the divorce takes effect. After the divorce, it is difficult to overturn the arrangement that has already taken effect.

The risks specifically fall in several places: the identity relationship is dissolved on the spot, the two parties no longer have the obligation to support, no inheritance rights, one party buys a house, falls in love or even remarries during the divorce, the other party has no way to stop it, and the risks are completely borne; In the name of one party, the house is usually registered as personal property. If the marriage is not fulfilled after the agreement is made, the investor may have difficulty in safeguarding rights; if the divorce agreement gives almost all of the property to one party with the intention of avoiding the debt, the creditor may also claim the cancellation of the relevant property division to pay off the debt. These are not on paper, but the parties after the easiest place to regret.

Therefore, if you really consider divorce before buying a house because of purchase restrictions, loans and other reasons, you must assess the risks in advance, instead of waiting for problems to find solutions. It is safer to make the real property arrangement, purchase capital contribution and remarriage conditions clearly agreed in writing, keep the capital contribution certificate and communication record, and reduce the number of words. At the same time, it should be clear that these agreements can deal with property, but cannot really restore the dissolved identity relationship. Instead of using marriage as a tool, it is better to figure out what you and the funder will each bear in the event of a divorce.