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1. It is illegal to forge documents.
If the marriage certificate is forged to buy a house, then the act of forging the certificate is illegal.
2. Risk of real estate division.
In order to buy a fake marriage, then the house belongs to the joint property of the "fake couple" after marriage, and the property after marriage involves the division of real estate. Generally speaking, when buying a house through a fake marriage, both parties will sign the relevant property division agreement. However, if the agreement is not standardized, it is easy to cause invalidity, for example, some people agree that if the two parties divorce, the house belongs to a certain party, and if the two parties do not agree to divorce but divorce by litigation, this agreement will be determined by the court to be invalid.
3. The risk of court judgments.
Whether it is a real marriage or a fake marriage is difficult to tell. But the two received a marriage certificate, and from a legal point of view, they are really married. Once a dispute arises involving the distribution of real estate, the court can only deal with similar disputes according to the fact that the parties are truly married.
4. It is easy to get married and difficult to divorce.
There are two ways of divorce, divorce by agreement and divorce by litigation, of course, there is no problem with divorce by mutual agreement, but if one party does not want to divorce for some reason and must divorce by litigation, it will be more troublesome. If you are sham marriage to buy a house, and then you really get married, this fake marriage can't be divorced, can you still get married?
5. Fake divorce for the sake of fake marriage is more risky.
In some cases, the husband and wife are not eligible to buy a house, so they have a fake divorce, and then one of the spouses has a fake marriage with a person who is qualified to buy a house. This fake divorce and fake marriage are very risky, and the fake divorce may make the fake come true, and after the remarriage, the house that originally belonged to the joint property of the husband and wife becomes the pre-marital property of one party. And fake marriage, there are also various uncertain factors, if you don't get it right, it will also affect the relationship between husband and wife.
In addition, after a fake marriage, you have to get a divorce, and the individual is divorced. A person who has never been married and divorced because of a fake marriage is not good after all.
All in all, fake marriages are risky, and individuals should be cautious.
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In law, there is no real or false divorce, and the marriage certificate and divorce certificate are the only basis. If the divorce of the husband and wife is only for some interests, it is very likely that the fake will become true, and then lead to civil disputes and even criminal cases, which will cause harm to social stability and harmony. Now, although the housing prices are high and ordinary people can't afford it, don't make this so-called feint, which often causes bad consequences for the parties.
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There is no such thing as a fake divorce or a fake marriage. As long as you go through the divorce procedures at the Civil Affairs Bureau or the court, you are legally divorced. If it is agreed that all property belongs to the other party, the agreement is valid. It is irreversible, and it may lose both people and money.
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It's a fake marriage or a fake divorce, the main reason is that, first, this is a fraud, it is illegal, and second, once there is a problem with nothing, then they are really all victims, victims, and at this time, the law is not enough, then you are really a victim!
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Fake marriage or fake divorce in order to buy a house is actually a kind of contempt for marriage.
You can't buy a house because you already have other houses in your hands, and if you do this, you will waste a resource of society, so the state will introduce a purchase restriction order. If you do this, you are actually violating it, so the laws of the country are not good.
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Now there are some places that have introduced corresponding policies to directly and effectively crack down on fake marriages or fake divorces, so it is not possible to buy a house and fake marriages and fake divorces.
Secondly, it is easy to pull out civil disputes due to fake marriages and divorces, which is a waste of public resources and has a very bad impact and is an unhealthy trend, which must be severely punished and stopped.
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In order to buy a house, why can't a fake marriage or a fake divorce, because this kind of words are involved. Property entanglementIf two people are really divorced, it is a conflict of interest. It will not be protected by the law, so that it is illegal to know the law, that is, to break the law.
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Why can't you get a fake marriage or a fake divorce in order to buy a house? First of all, I think this kind of behavior is definitely undesirable, and there are a lot of personal safety, risks such as fake marriage or fake divorce, if the other party regrets it afterwards, doing something in the name of husband and wife will bring great distress and adverse impact on their work and life. Sometimes, fake marriages and divorces can be self-defeating.
So I don't think so. Fake marriages and fake divorces are not possible for anything, because such a thing is not protected by law.
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"Fake marriage" for the purpose of buying a house means that one party registers a marriage with a person of the opposite sex who is qualified to buy a house in order to obtain the qualification to buy a house, but the rights and obligations of husband and wife are not exercised between the two parties.
This so-called "fake marriage" is only a "fake" at the emotional level of both men and women, but at the legal level, as long as the marriage certificate is pulled, it is presumed to be a legal marriage relationship in law.
Once two people without any emotional foundation come together for a common interest, once they get married, if one party wants to fake the show, entangles the other party, and refuses to divorce, it will inevitably cause huge distress and impact on the other party's work and life.
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Because people who buy a house for a fake marriage or a fake divorce are also to achieve their own goals and interests, and in order to achieve their own goals and interests, they will choose to buy a house in an improper way, which is also not allowed by law, so it is definitely not okay to do so.
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In order to prevent fake marriages, fake divorces are okay, but they are not punished by the law, because you are legally handling it, but when it comes to conscience and moral choice.
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There is no real or false one, as long as you go to get a marriage or divorce, you must get a certificate, and only the two of you know that it is fake.
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We should not risk our marriage. If the purchase of a house after divorce will involve the identification and division of the joint property of the husband and wife, and the husband and wife shall provide evidence to prove it, if there is no evidence to prove it, the law will not support it. If you make a false divorce because of the convenience of buying a house, then you also need to bear legal responsibility.
Although it is said that sham divorce should bear certain legal responsibility, for the definition of this responsibility, China's legal level has not issued some specific provisions and basis on sham divorce. For the husband and wife of a fake divorce, they also have to bear a certain risk, and if one of them makes the fake come true, then it is not protected by the law. Therefore, if you want to fake a divorce, you should be cautious.
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Fake marriage and fake divorce are just your personal private behavior, and you do it for personal interests and purposes, but the law does not recognize this absurd behavior, and the law recognizes that the seal of the national ** marriage registration authority is valid.
The consequences of an individual's fake marriage and divorce must be paid by the parties themselves. Don't be blinded by the immediate interests and bear the consequences yourself. If there is an illegal act, the law will also investigate the legal responsibility of the relevant parties, and it is not advisable to shoot yourself in the foot, so think twice.
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In order to buy a fake marriage, then the house belongs to the joint property of the husband and wife after the marriage of the "fake couple", and the marital property involves the division of real estate. Generally speaking, when buying a house in a fake marriage, each party signs a relevant divorce property division agreement.
However, if the agreement is not standard, it is also very easy to lead to invalidation, for example, some people promise that if they divorce each other, the house belongs to such and such a party, and if there is no agreement between the two parties to divorce but sue for divorce, this commitment will be assessed as an invalid commitment by the people's court.
Whether it's a real marriage or a fake marriage, there's no way to tell. But the two received a marriage certificate, and from the perspective of laws and regulations, they were indeed married. Once a dispute arises involving the distribution of real estate, the people's court can only settle the dispute case according to the true marriage of each other.
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Marriage and divorce are major events in life. Even if you want to buy a house, you have to be cautious. Because although both parties believe that it is fake, the marriage certificate and divorce certificate are legally valid and can be checked on the Internet.
As long as there is a certificate, there is a marriage history, and it is not arbitrary. Therefore, such a major event related to life should be cautious.
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The reason why fake marriage and fake divorce in order to buy a house is that it is not allowed by the law, if there is relevant proof that it is a real marriage, a real divorce. It should be fine, but there is a certain risk.
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In order to buy a house, a fake marriage or a fake divorce is not okay, this is immoral, once the fake drama is really done, it will bring great economic interest disputes to the two parties and cause great trouble, so it is best not to do these things that violate morality.
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Legal analysis: If you buy a house and divorce from a fake marriage, the real estate should also be judged according to one of the spouses or joint property. As long as the marriage is registered, the relationship between the two is husband and wife, and the specific judgment on the property is as follows:
1. If the property is the property of one of the spouses, the other party has no right to divide it. 2. If the real estate belongs to the joint property of the husband and wife, the two parties shall divide it by agreement, and if the agreement fails, the court shall make a judgment according to the interests of the woman, children and the innocent party.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.
People's courts hearing divorce cases shall enter into a letter to hold a letter for mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if the mediation is invalid, the divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
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 and management of family land shall be protected in accordance with law.
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On the issue of how to decide on divorce after buying a house with a fake marriage: if one party has a fake marriage with a person who has no emotional foundation in order to buy a second house, even if there has been a private agreement before, it is likely to cause legal disputes. After all'Fake divorce'Only the husband and wife are involved, and'Fake marriages'Outsiders are involved, so be very cautious.
Some people will adopt the practice of giving up the property right of the house at the time of registration to avoid risks, but there is also the possibility that the other party will regret it at the time of registration. In conclusion, the method of sham marriage for the purpose of buying a house is neither advocated nor advisable. If there is no special agreement, after the divorce, it is generally divided according to the joint property of the husband and wife.
If the other party has bad intentions, it is very likely that the party will suffer property losses. Legally it also does not exist'Fake marriages'or'Fake divorce'There are many uncertainties in the division of real estate in divorce, and the dispute resolution mechanism is also very complex. The law stipulates that in the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
In the event of a divorce under Article 39 of the Criminal Law of the People's Republic of China, the joint property of the husband and wife shall be disposed of by agreement between Yuhui and Hui; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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A sham marriage requires marriage formalities, even if it is not the true intention of both parties, but the marriage has been registered, and the parties belong to the legal marriage relationship. Buying a house after marriage is the joint property of the husband and wife, and it shall be divided in accordance with the rules for dividing the property of the husband and wife in the event of divorce. Therefore, even if it is a fake marriage, the house after the marriage still needs to be divided.
Legal basis: Article 1087 of the Civil Code In the event of divorce, the debts incurred by the husband and wife living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.
Article 1092 of the Civil Code: Where one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife in divorce, the other party may receive a smaller share or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be arbitrarily cut again.
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