When a man bought a full house before he divorced, he gave it to his wife only because he had made such a mistake.

category:Global
 When a man bought a full house before he divorced, he gave it to his wife only because he had made such a mistake.


Case: In order to retain the feelings, the premarital property added to the name Small day and small beauty are Xintang street people, after a friend introduced two people in 2016 as husband and wife, small days in the whole of the marriage before the marriage of the individual in the city of Xiaoshan to buy a house, because it is a house, the property certificate should be handled after marriage. After the marriage of Xiao Tian and Xiaomei, one time because of the family contradiction, the two sides quarreled, the little day impulse also hit the little beauty, and said, this house is my house, you roll me. Xiaomei heard such words after being beaten, and felt very grieved. He immediately packed up his luggage and went back to his mothers home. After a few days, the small day also calm down, think between himself and the little beauty still have feelings, know that he hit the wrong, and should not say that the house is a person and not let the beauty of the words, still want to redeem this relationship. So he said to the woman, come back, Ill put your name on the property certificate, so that the house is not mine. Little Mei agreed. Both sides agreed on the share of the property: 99% wives and 1% Two people went to the housing authority to add names, and the Housing Authority asked two people, do you want to share the share? The man behaved very generously, saying nothing, all for the woman. Xiao Mei said that you didnt have to give it to me. You gave me 99%, and gave you 1%. The two sides signed a format agreement provided by the housing authority to the Housing Authority, and the housing authority also gave them an enquiry record. Finally, the name of the house was completed. Before long, there was a small family violence against Xiaomei. Xiao Mei went to court to sue for divorce. For the division of the case involving the housing, Xiao Mei believes that the small day voluntarily gives 99% of the property to himself, and it is not his own force to force him, and it should be divided according to the agreed share. And the small day put forward, I was to let the woman turn to the heart to say so, and at that time that it was registered under the two names, always husband and wife common property, and the house is my personal property before marriage, to the small beauty half good, only give me 1% too unfair, therefore, the house should be Average segmentation. Court: dividing the property according to the agreed share So how should the property be divided? The court believes that the two sides should be divided according to the agreed share, and because the woman enjoys a share of 99%, so the ownership of the house is judged to be all suitable for the women, and the woman pays 1% of the present value of the house as compensation. Seven, the husband and wife conclude a housing sales contract before marriage and pay the full price. The property right of the house is registered in the name of the party after marriage. What is the nature of the house? Answer: a husband and wife enter into a house sale contract and pay all the price before marriage. The property is registered under the name of the party after marriage. The house belongs to the personal property of the husband and wife. Three, judicial interpretation of marriage law, Sixth During the period of marriage or in the duration of marriage, the parties agreed to give all the property of one party to the other party. The gift party revoked the gift before the registration of the change of the real estate, and the other party asked for the order to continue, and the peoples court could handle it in accordance with the provisions of the 186th article of the contract law. Zhejiang Xianghu law firm Lou min lawyer commented: The marriage property is donated, and the registration is completed, which is the common property of the couple. In this case, the man buys the whole house before marriage, even if the property certificate is processed after marriage, it also belongs to the mans premarital personal property. But in this case, the man was in marriage to the property, in essence it was a real estate gift in marriage, and completed the registration procedure, which was the common property of the husband and wife. If the husband and wife do not agree on the share of the property, the two parties are usually divided equally. And the two sides agreed on the ownership of the property, which is the true meaning of the two parties, and the two sides should enjoy the ownership of the house in accordance with the agreed share. Point of view: the agreement between the couple should be carefully advised by the lawyer: from the result of the case, we can see that the agreement between the couple is very important, and the mans decision at that time has caused him to lose millions of money. Feelings can not be measured by money, but it is necessary for us to recognize the legal meaning of our actions, and to make our own decisions rationally, not to regret it. Source: Zhejiang online, FM93 traffic voice, wisdom Xiaoshan, Xiaoshan radio and TV station. In this case, the man buys the whole house before marriage, even if the property certificate is processed after marriage, it also belongs to the mans premarital personal property. But in this case, the man was in marriage to the property, in essence it was a real estate gift in marriage, and completed the registration procedure, which was the common property of the husband and wife. If the husband and wife do not agree on the share of the property, the two parties are usually divided equally. And the two sides agreed on the ownership of the property, which is the true meaning of the two parties, and the two sides should enjoy the ownership of the house in accordance with the agreed share. Key points: The agreement between the couple should be prudent The lawyer suggested: from the result of the case, we can see that the agreement between the couple is very important, and the mans decision at the time, which caused him to lose millions of money. Feelings can not be measured by money, but it is necessary for us to recognize the legal meaning of our actions, and to make our own decisions rationally, not to regret it. Source: Zhejiang online, FM93 traffic voice, wisdom Xiaoshan, Xiaoshan radio and TV station.