When a couple is in love, they buy a house and write down the womans name. After breaking up, the man asks for a room.

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 When a couple is in love, they buy a house and write down the womans name. After breaking up, the man asks for a room.


Data map: Building under construction. China News Agency reporter Wei Liangzhao

After meeting Ms. Wu in 2005, Mr. Liu and Ms. Wu established a love relationship. They have been emotionally stable and have plans to get married. In 2013, the couple purchased a 90-square-meter apartment in Tongzhou District of Beijing for the purpose of marriage. Because Mr. Liu is not qualified to buy a house in Beijing, the house signed a sales contract in the name of Ms. Wu, applied for a loan, and registered under her name.

In 2017, they broke up because of irreconcilable contradictions and ended their 12-year relationship. After that, Mr. Liu sued Ms. Wu to the court, demanding that the property be divided according to the proportion of investment.

Ms. Wu denied that the house was purchased jointly by two people, saying that the sale contract and loan contract were her names and that the down payment was also paid by them. Although Mr. Liu has paid a part of the money, it belongs to the creditors right. Ms. Wu only agrees to compensate Mr. Liu appropriately. In the lawsuit, the market value of the house was estimated at 4.07 million yuan.

After hearing, the court held that, according to the facts ascertained, when purchasing the house in question, the plaintiff was in love, and they lived together, and after the delivery of the house, they lived together until their relationship broke down. Although the sales contract and loan contract are signed by Ms. Wu alone, the two people pay down and repay the bank loan together in the process of purchasing houses. Therefore, the house is purchased jointly by two people and shared by two people.

According to the Provisions of the Supreme Peoples Court on Several Opinions of the Peoples Court on Cases of Cohabitation in the Name of Husband and Wife without Registration of Marriage, when dissolving the illegal cohabitation relationship, the income and property acquired by both parties during the cohabitation period shall be treated as common property. According to the above provisions, the property relationship during cohabitation is a common relationship. In this case, although Mr. Liu and Ms. Wu jointly purchased the houses involved during their love and cohabitation, when dividing the common property, they should consider their actual investment and use of the common property to determine the dividing proportion. With regard to the determination of the proportion of capital contribution by both parties, the down payment, loan and decoration funds shall be comprehensively identified by synthesizing the proof situation. After accounting, Mr. Lius contribution ratio is 44.11%. After deducting the principal, interest and so on, the court decided that the house in question belonged to Ms. Wu, who paid Mr. Liu a discount of more than 1 million yuan. At present, the judgment has come into force. Source: Xu Meng-NN7485, Responsible Editor of CNN

According to the Provisions of the Supreme Peoples Court on Several Opinions of the Peoples Court on Cases of Cohabitation in the Name of Husband and Wife without Registration of Marriage, when dissolving the illegal cohabitation relationship, the income and property acquired by both parties during the cohabitation period shall be treated as common property. According to the above provisions, the property relationship during cohabitation is a common relationship.

In this case, although Mr. Liu and Ms. Wu jointly purchased the houses involved during their love and cohabitation, when dividing the common property, they should consider their actual investment and use of the common property to determine the dividing proportion. With regard to the determination of the proportion of capital contribution by both parties, the down payment, loan and decoration funds shall be comprehensively identified by synthesizing the proof situation. After accounting, Mr. Lius contribution ratio is 44.11%.

After deducting the principal, interest and so on, the court decided that the house in question belonged to Ms. Wu, who paid Mr. Liu a discount of more than 1 million yuan. At present, the judgment has come into force.