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I don't want to stop at the issue of property rights distribution after the breakup of the house purchase. Wei Hong, the issue of dividing the property rights after the joint venture purchase is how much you give to you, but this is all discussed by two people, and the hinge is how much you draw, and how much will you give at that time? Prevention is half of a family.
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What is the distribution of property rights after the breakup of an unmarried joint venture house purchase? That's half of the family, and if you first start with half of the family, then you will distribute the rights and half of the family.
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Write the names of the two of you in the house, and the two of you can divide it equally, if you don't have shoes, show the evidence, and you can get the house.
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Even if the purchase contract says that the woman holds 50% of the property rights, the property rights enjoyed by the two are divided in half, and it is useless to regret it, unless the women are both sharing the property rights.
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I think you should distribute it according to your contribution ratio, after all, you are not married, and the house is shared by you. It's good to be proportional.
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If there is evidence to prove who contributed the money, it will be divided according to the evidence, and if there is no evidence to prove who contributed the money, it can only be divided according to 50% each.
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Since the unmarried joint venture purchases of the property. People must reap the rewards. Half points.
The premise is up to the two of you. What is the percentage of the payout? Is the property registered in the names of both of you?
Yes words. It's all reciprocal. One person and half children.
Sure. Distributed in proportion to the amount paid.
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It should be agreed in the contract that half of the housing market is **, but the part of the loan repaid by the man should be given to the man.
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Unmarried joint venture to buy a house. That is equal to the property of the two, if you say that you break up, who should spend how much? Just how much money you deserve. That's what makes sense.
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If the house is bought by two people before marriage, then the property after the breakup will still be distributed according to the proportion you had before marriage.
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Since the purchase contract says that the woman holds 50% of the property rights, the real estate rights enjoyed by the two should be divided equally, and it is useless to regret it, unless the woman agrees that the man will occupy more property rights.
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If there is an agreement, it will be handled according to the agreement, and if there is no agreement, it will be resolved through negotiation.
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Since the box is enough, it is still proportional after the breakup. Whoever comes out of the sky is more proportional.
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Now that the law has revoked the recognition of de facto marriage, the situation you mentioned is that the two people are in an illegal cohabitation relationship.
The two are going to be separated. Only the joint property in their names can be divided.
The house you are talking about depends on who the registrant is, the law stipulates that the name of the house purchase contract or real estate certificate is registered, and the house is who legally owns the property and the rights and interests are protected by the law.
If the registrant is in their names, there is no need to discuss, half of the family, who wants the house, who gives the other party half of the housing assessment**.
If only one person's name is registered, then, unfortunately, the property rights of the house have nothing to do with your friend, but belong to the other party! If your friend has proof of contribution, this can be claimed as a creditor's right, and the law supports it. To put it bluntly, the house belongs to the other party, but he owes your friend money.
The same is true for other properties, which can be resolved by agreement between the parties, and if there is a dispute, you can go to court to apply for a judicial decision.
Now it is a society with a rule of law, and we pay attention to evidence, and whoever asserts it will provide evidence. It's useless to say that it's empty.
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De facto marriages are not recognized by the state and are not protected by law. Property should be divided in proportion to the amount paid.
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During the relationship, because of the common meaning, the two parties expressed the property purchased by jointly contributing. Automobiles and furniture shall be considered as joint property.
The division of common property at the time of termination of the joint ownership relationship. If there is an agreement, it shall be handled according to the agreement. If there is no agreement, the amount of capital contributed by the co-owners shall be considered. The size of the contribution to the common property. The actual needs of the co-owners in production and life and other factors are pre-treated.
It is advisable for both parties to have a record or proof of capital contribution to the purchase of the property. It can be distributed according to the amount of capital contributed, which is the most fair and equitable.
In order to avoid disputes in the future, if you buy a house together during the listing period, you must be cautious. You can sign a capital contribution agreement in advance to agree on your share.
At the same time, it is also necessary to keep the capital contribution of the house, such as bank transfer records, payment vouchers and other relevant evidence.
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After the unmarried buy a house and break up, the division of the real estate shall be negotiated by both parties according to the amount of their respective capital contributions; If the negotiation fails, the court shall divide it according to the common property. Where the co-owners have not agreed on the joint ownership of the immovable or movable property as joint ownership or joint ownership, or the agreement is not clear, it shall be deemed to be joint ownership by shares, unless the co-owners have a family relationship, etc.
Civil Code of the People's Republic of China
Article 303:Where the co-owners agree not to divide the jointly owned immovable or movable property in order to maintain the co-ownership relationship, it shall be in accordance with the agreement, but where the co-owners have serious reasons to make a big fuss and need to divide it, they may request division; If there is no agreement or the agreement is not clear, the co-owners may request division at any time, and the co-owners may request division when the basis of the co-ownership is lost or there are major reasons for the need for division. Where the division causes harm to other co-owners, compensation shall be given.
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Legal analysis: It should be determined that both parties jointly own the house, and it should be determined that both parties occupy 50 of Duan Tong's house interests, one and a half; The property purchased jointly during the period of love and cohabitation is registered in the names of both parties, and the nature of the share of the registered parties is clearly joint ownership. If the property purchased jointly by the two parties during the relationship does not agree to be shared or jointly owned, and the parties have no family relationship and no basic relationship of joint ownership, it is deemed to be shared; If the two parties have not agreed on the share, the share of the common house shall be calculated according to the amount of capital contribution paid by both parties.
Legal basis: Civil Code of the People's Republic of China
Article 304:The co-owners may negotiate to determine the method of division. If no agreement can be reached, and the jointly owned immovable or movable property can be divided and the value will not be diminished due to the division, the physical property shall be divided; Where it is difficult to divide or the value will be diminished due to division, the price obtained from the discount, auction or sale shall be divided. Stuffy loss.
Where the immovable or movable property obtained by the co-owners is defective, the other co-owners shall share the losses.
The agreement is generally provided by the intermediary company, and the agreement and the contract have the same legal effect, or the two parties privately agree to use the purchase of the house. The contract is the official text used in the transaction of the housing authority, and if the agreement submitted to the housing authority does not violate the mandatory provisions of laws and administrative regulations, and meets the effective conditions agreed in the agreement, the agreement will become legally effective. The agreement may also be used as a supplement to the contract or to preclude the entry into force of the contract in a chronological manner.
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