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Cohabitation is not protected by law, if the house bought during the cohabitation only has one person's name written, then after the breakup, if the negotiation is agreed by both parties, it can be divided in half, if the negotiation fails, it can only resort to law, and it can only be attributed to the person who wrote the name. If you have sufficient evidence that you paid for the house, then it can belong to the party who paid for it.
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After a breakup, you can sell that house, and then well, it's better to divide the funds equally, or provide compensation to the other party for one party's contributions.
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This depends on how the two people made the agreement at the beginning, if the house is written in the name of one person, and the other party has not proved that it is jointly funded by two people, then whose name is registered in the building is whose house, because the law stipulates that the house is registered in whose name, the property right is his.
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The house bought during the period of cohabitation, write a person's name, and how to divide the building after the breakup. If you can prove that both parties contributed money when buying the house, it can be calculated according to the proportion of the money paid by both parties. If you can't prove it, and your name is not on the real estate deed, you won't be able to share the property of the building after the breakup.
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Two methods, 1Sell it, and then split the sale price equally or in proportion to the amount paid.
2.If one of them likes the house, he will pay half of the money for the house, and the property will go to the person who paid for the house.
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Because you are living together illegally and are not protected by law. Whoever writes the name on the title deed is whose property is his. If both parties contribute. You can pay back the other party's contributions.
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In this case, important documents should be kept, mainly depending on the capital contribution of two people when buying a house, as well as the repayment situation.
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If it's the two of you who pay for it, then the names of the two people have to be written in the house book, and if not, whoever pays for it. Write whose Akiko did.
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First of all, there must be a share of the people in the book. Secondly, look at the money, see who pays it, and there must be evidence, such as bank card payment flows.
Cohabitation itself is not a legally recognized relationship, so the relationship is in name only and meaningless when dividing property.
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It stands to reason that it should be half of one person, but you don't have the documents of a legal husband and wife, and cohabitation is not considered a legal husband and wife, so if you prevent the other person, you won't get it.
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If it is a house that you jointly financed, then Liu Hao, the transfer evidence you gave him can go to this department to handle the division of property.
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The house book I bought during the cohabitation had a person's name written on it, and it was a hassle after the breakup. Because it is difficult to prove that this building is common to two people.
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I bought a building in Tongji West and wrote a person's name, which should have been his own.
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It depends on whether you pay or not?
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What should I do if the building I bought during the cohabitation is in the name of one person and what happens after the breakup? Because you bought the house during the cohabitation period, how much money he paid, just return the money to him.
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During the period of cohabitation, I bought a building book and wrote a person's name, are you living together, not married?
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Summary. Dear, hello, I am very happy to be able to answer your questions about buying a house and writing the names of two people, and breaking up Answer: Hello, buying a house before marriage and writing the names of two people to break up, the property belongs to the joint property of the husband and wife, and the two parties negotiate to deal with it.
It may be agreed that one party has ownership rights and assumes debts. and compensate the other party. I hope mine can help you <>
The purchase of the house was written in the names of two people, and they broke up.
Dear, hello, I am very happy to be able to answer your questions about buying a house and writing the names of two people, and breaking up Answer: Hello, the wedding stool chain before buying a house and writing the names of two people to break up, the property belongs to the joint property of the husband and wife, and the two parties negotiate to deal with the dates and grandchildren. It may be agreed that one party has ownership rights and assumes debts.
and compensate the other party. I hope mine can help you <>
Further information: Legal basis: Article 299 of the Civil Code: The co-owners jointly enjoy the ownership of the jointly owned immovable or movable property; Article 304:The co-owners may negotiate to determine the method of division.
If 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; If it is difficult to divide or the value will be diminished due to division, the price obtained from the auction or sale of the discounted price or the person who has insight into the Huai Huai shall be divided.
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Text: Guangzhou**Quan**Reporter Wei Lina, correspondent Liu Yanbin.
It is said that love makes people blind, and if the two parties do not agree on the ownership when they buy a house together during the relationship, disputes are likely to occur after the breakup. A Hao, a young man from Guangzhou, fell in love with his colleague Shanshan, and during the period of living together, the two parties jointly funded the purchase of a house and registered it in the woman's name. However, when the relationship between the two parties broke down and broke up when they were about to enter the marriage hall, how should the property purchased during the cohabitation be divided?
Shanshan and Que Bi Ahao met in early 2011 while working in the same unit, and later confirmed their relationship and lived together. The two broke up in October 2014.
The two had purchased a house somewhere in Guangzhou's Nansha district in the name of Shanshan while living together in 2012. The total price of the house is 665055 yuan, the down payment is 205055 yuan, Ah Hao contributed 150,000 yuan, and the balance of 55,055 yuan was paid by Shanshan, who applied for a mortgage loan of 460,000 yuan from the bank.
It is worth noting that Ah Hao had entrusted his employer to transfer his salary income from March 2013 to September 2014 115072 directly to Shanshan's bank account. After the breakup, Ah Hao filed a lawsuit with the court, requesting an order to divide the house, and Shanshan returned the above-mentioned salary and income.
The court of first instance entrusted a real estate asset appraisal company to evaluate the house in accordance with the law, and the market value of the house was more than 960,000 yuan. The Nansha Court ruled in the first instance that the house purchased by the plaintiff Ah Hao and the defendant Shanshan during their cohabitation was owned by the defendant Shanshan, and the entire mortgage loan was continued to be paid by the defendant Shanshan, and the defendant Shanshan paid the house compensation to the plaintiff Ahao. Plaintiff Ahao's other claims were dismissed.
Shanshan appealed, and the Guangzhou Intermediate People's Court rejected the appeal and upheld the original judgment.
Chen Haiyi, the presiding judge and president of the Juvenile Family Trial Division of the Guangzhou Intermediate People's Court, said that the focus of the dispute between the two parties in this case was whether the house involved in the case was jointly owned by Shanshan and Ah Hao.
First of all, at the time of the purchase of the house in question, Shanshan and Ah Hao were in a romantic relationship and had lived together, and the two parties formed a cohabitation relationship. Second, from the time of purchase of the house involved in the case, the payment method of the house, and the cohabitation relationship between Shanshan and Ah Hao before and after the purchase of the house, it can be determined that the house involved in the case was jointly decided by Ah Hao and Shanshan, and jointly funded the purchase, which was a collegial agreement reached by both parties.
Although the house involved in the case was registered in Shanshan's name and a mortgage loan was applied for in Shanshan's name, most of the down payment was paid directly by Ah Hao, and during the relationship between the two parties, all of Ah Hao's salary was kept and controlled by Shanshan, so it can be seen that the house was purchased jointly, and Ah Hao actually bore the mortgage expenses of the house before the two parties broke up.
In summary, the court of first instance found that the house was jointly owned by both parties according to their shares, which was in line with the principle of division of common property between Guan Qing and Lao Qin during the period of cohabitation under the Marriage Law of China, and the Guangzhou Intermediate People's Court recognized it.
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On November 21, the Shanghai Songjiang District People's Court ruled that the house belonged to the defendant, and the balance of the loan was repaid by the defendant, and the defendant Mr. Ma paid the plaintiff Miss Shen a discount of 850,000 yuan for the house. Ms. Shen, 25, and Mr. Ma were lovers. In order to have a quiet environment for living after starting a family, in 2006 they jointly financed the purchase of a two-room house on the outskirts of the city.
Due to the average economic income of both parties, the house price at the time of purchase was 600,000 yuan, but 480,000 yuan of which was a mortgage loan handled by Mr. Ma in the bank, and the down payment of 120,000 yuan was shared between the two people. In April 2007, the house obtained the property right certificate, and the right holder was registered as a joint ownership of Miss Shen and Mr. Ma, and the house was renovated by Mr. Ma at the end of the same year. But after having a marriage room, the love life of Yuan Jian and the two is not good.
Since the end of 2007, Ms. Shen and Mr. Ma have disagreed on the monthly loan repayment, and the two do not get along well, and in May this year, Ms. Shen and Mr. Ma dissolved their relationship. Since the house was unilaterally occupied by Mr. Ma after the two broke up, and the certificate of right was also in Mr. Ma's possession, in September 2008, Ms. Shen sued the court to request the division of the house and requested that the house be owned by the plaintiff, and the plaintiff was willing to pay the defendant a discount and requested the defendant to assist the plaintiff in going through the procedures for changing the property rights. Mr. Ma argued that although the house at issue was registered in the names of the plaintiff and the defendant, the down payment of RMB 120,000 at the time of purchase of the house was paid by the defendant, and the defendant had already repaid the loan and interest of more than RMB 540,000, and the plaintiff did not contribute capital in the house at issue, so he should not enjoy the right and did not agree to the plaintiff's claim.
How to divide the purchase of a house during cohabitationThe court held that the plaintiff and the defendant jointly purchased the house due to a romantic relationship, and the property rights of the house were registered as jointly owned by the plaintiff and the defendant, and the house should be determined to be jointly owned by the plaintiff and the defendant. Where there is an agreement on the division of common property, it shall be handled in accordance with the agreement; Where there is no agreement, the share of both parties shall be reasonably determined by considering the size of the co-owner's contribution to the common property, and taking into account the actual needs of the co-owners in production and livelihood. The defendant argued that the down payment was made by the defendant at the time of the purchase of the house, and only provided a record of the defendant's own borrowing of the down payment, which was a unilateral statement of the parties and was not confirmed by the plaintiff, and this evidence did not have the effect of proving orange fools.
Therefore, it was confirmed that the down payment of 120,000 yuan for the house was jointly funded by the plaintiff and the defendant. The bank loan is a loan from the defendant to a commercial bank, and although it is a creditor-debtor relationship between the defendant and the commercial bank, it does not affect the property rights of the plaintiff and the defendant in the property at issue. Since the borrower of 480,000 yuan is the defendant, the money should be the defendant's capital contribution in the purchase of the house.
Although the plaintiff claimed that he also participated in the repayment of the loan, the plaintiff did not provide relevant evidence to prove it, so the court did not support it.
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