How to resolve real estate disputes after two people break up? 20

You can claim back the property, because the breakup is not a divorce, if it is a divorce, you may have to divide her in half, but the current situation is that your friend is wholly owned, but her name is written on the real estate certificate, and there is no evidence to prove that your friend was gifted to her, the specific information I am not very clear, you can ask more clearly when you go to the court to sue, but the proof of capital contribution is necessary, such as the transfer and remittance documents.

The first thing to determine is the house purchased by the man and the woman's name; At that time, whether the purchase price was transferred from the man's bank card, he could apply to the court to collect evidence from the bank, and the full refund must be negotiated by both parties. My advice is to find a lawyer... Outside the law, I suggest that you can get back the corresponding purchase price

It's best to find a professional to make an appointment with a professional to talk about this kind of thing in detail, and the comparison is limited in words.

The house purchased with joint capital when the cohabitation relationship of the couple is dissolved in the real estate dispute: if there is an agreement, it can be divided according to the agreement; If there is no agreement, in the event of a dispute, the common property shall be reasonably divided in accordance with the principle of equal consultation; If the negotiation fails, a lawsuit may be filed with the court, and the general court shall reasonably determine the share of both parties based on the size of the co-owner's contribution to the common property.

[Legal basis].Article 10 of the Opinions on the Trial of Cases by the People's Courts of Living Together in the Name of Husband and Wife without Marriage Registration.

When the illegal cohabitation relationship is dissolved, the income and property acquired jointly by both parties during the period of cohabitation shall be treated as ordinary common property; Before cohabitation, the property voluntarily given by one party to the other party can be treated as a gift relationship; Property solicited by one party from the other party may be handled with reference to Article (18) of the Supreme People's Court's (84) Fa Ban Zi No. 112 "Opinions on Several Issues Concerning the Implementation of Jian Hui's Civil Policy and Law".

If there is a dispute between the parties after they break up, they can first resolve it through negotiation; If the negotiation fails, a civil lawsuit may be initiated.

First of all, the love relationship is not a civil legal relationship regulated by China's civil law, but if the parties file a lawsuit due to disputes over property division and child support during the relationship, the people's court will accept such cases. In addition, if the parties cohabit, although China's current law has not yet made clear provisions on the disposal of joint property after the breakdown of cohabitation, it is generally possible to refer to the relevant provisions of the Civil Code of the People's Republic of China on the joint property of husband and wife arising during marriage.

The property acquired by the parties during the period of cohabitation may first be disposed of in accordance with the agreement of both parties. If the parties do not agree, the cohabitation property is generally disposed of as joint property. When the cohabitation relationship is dissolved, the parties can negotiate the division plan of the property on their own, and if the negotiation fails, they can sue the people's court, and the court will divide it according to the actual situation.

Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China

Article 3: Where parties initiate litigation and only request the dissolution of the cohabitation relationship, the people's courts will not accept it; Where the suspicion has already been accepted, a ruling is made to reject the lawsuit.

Where parties initiate litigation due to disputes over the division of property or child support during the period of cohabitation, the people's courts shall accept it.

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.

Where the immovable or movable property obtained by the co-owners is defective, the other co-owners shall share the losses.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting of family land shall be protected in accordance with law.

First, if the two parties jointly contribute to the purchase of the house, and the house is registered in the names of both parties, this situation can be regarded as the joint ownership of the house by both parties, and if the amount of capital contribution of the two parties is different, it can be determined that the house is jointly owned by the two parties according to the proportion of their capital contributions. It is possible to divide the house proportionally.

Second, if the purpose of the two parties' joint contribution is to purchase the house together, rather than the buyer borrowing money from the other party to purchase the house, then the house will still be legally determined to be owned by both parties, and the share of house ownership will be determined by the fact that the two parties contributed to the house.

Third, if one party fully contributes to the purchase of the house, but due to the purchase restriction policy and other reasons, the house is registered in the name of the other party, and the ownership of the house that breaks up will generally be determined in judicial practice that the purchase of the house is premised on marriage, and if there is no marriage, the funder can claim that the house is owned by the funder. In addition, if the registration of the purchase of the house affects the registrant to purchase the house again, the registrant has the right to request the funder to eliminate the impact.

Legal basis: Civil Code of the People's Republic of China

Article 209 The creation, alteration, transfer, and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 218:Rights holders and interested parties may apply for inquiries into and reproduction of immovable property registration materials, and the registration authority shall provide them.

Legal analysis: First, if the two parties jointly contribute to the purchase of the house, and the house is registered in the names of both parties, this situation can be regarded as the joint ownership of the house by both parties, and if the amount of capital contribution of the two parties is different, it can be determined that the house is jointly owned by the two parties according to the proportion of their capital contributions. It is possible to divide the house proportionally.

Second, if the purpose of the joint contribution of the two parties is to purchase the house together, and the buyer does not borrow money from the other investor to purchase the house, then the house will still be legally deemed to be owned by both parties, and the share of house ownership will be determined by the proportion of the capital contribution of both parties.

Third, if one party fully contributes to the purchase of the house, but the house is registered in the name of the other party due to reasons such as the purchase restriction policy, the ownership of the house that breaks up will generally be determined in judicial practice that the purchase of the house is premised on marriage, and if there is no marriage, the funder can claim that the house is owned by the funder. In addition, if the registration of the purchase of the house affects the source of the re-purchase of the house by the registrant, the registrant has the right to require the funder to eliminate the impact.

Legal basis: Civil Code of the People's Republic of China

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; It is not effective without registration in the state of envy, except as otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 218:Rights holders and interested parties may apply for inquiries into and reproduction of immovable property registration materials, and the registration authority shall provide them.

In the case of a breakup, the two parties are only boyfriend and girlfriend and there is no marital or de facto relationship, the property belongs only to the actual buyer, and if you pay the fee proportionally, the court will distribute the property income proportionally.

If you are married, if the property is pre-marital property, refer to Article 1.

If it is a marital property, the ownership of the property shall be preferentially agreed upon in accordance with the agreement between the parties at the time of divorce, and if there is no agreement and the marriage contract is terminated unilaterally due to no fault, the property shall be divided equally.

If the marriage contract is dissolved due to unilateral fault, the party at fault shall be at fault with no or less share.