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1) The property is man's, that's for sure.
2) Legally, if you don't have a written note, or even keep the remittance slip at that time, or only give it in cash, then if you go to court, he won't even give a penny to your family.
Because there is no evidence that this money was once paid by your family.
Of course, if there is a note or other document left, it is easy to say.
3) If your relationship with him is not very stiff, easy to talk about and disperse, then talk to him well, let him take twice as much as you originally paid, or 20,000, 30,000, 50,000, 80,000, 100,000, etc., according to the specific amount. Asking for 4 times the original amount of money is unrealistic. After all, it turns out that you didn't say that the money was invested.
It's just that he, as a relative like a prospective son-in-law, is only paid for by your family, and there is the concept of "lending money to relatives" in it.
4) If your relationship with him is very stiff, then, if it is to go to court, whether you have a written note or not, the maximum amount your family will get is the original money, plus a few years of bank interest for the same period. If you don't have a written note to go to court, your family may not have a penny, and you will have to pay legal fees.
So, you have to talk to your family, be cautious and sensible.
I wish you all the best in handling this and having fun every day!
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I'm not a lawyer, but I think that since the property title is written on the man, then the house belongs to the man.
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How can there be such a man, shameless.
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Why are you so stupid, since you have funded him to buy a house, why don't you get married?
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Let him pay off the current house price immediately. If he can't, then let him pay it off at what time the house price is.
The law is less clear.
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The real estate purchased during the period of cohabitation shall be treated as a general co-ownership relationship, and when the cohabitation relationship is broken up or dissolved, it may be divided equally, and it may also be fairly disposed of taking into account the actual circumstances of the acquisition of the property and the time of cohabitation between the parties. If there is no agreement on the immovable property in common as joint ownership or joint ownership, or the agreement is not clear, it shall be deemed to be jointly owned by shares, unless the co-owners have a family relationship, etc. The two parties purchased a house together during the relationship, and the real estate certificate registered the common name of the two parties, and the parties did not clearly agree on the nature of co-ownership, and the romantic cohabitation relationship cannot be recognized as a family relationship, therefore, the jointly purchased house should be recognized as jointly owned by both parties.
If the co-owners of the shares expressly agree on the proportion of the amount of capital contribution to the jointly owned immovable property, they shall enjoy the share in accordance with the proportion of the amount of capital contribution. Discharge of the purchase price paid by the co-buyer.
1. Is the marital property a joint property?
The real estate after marriage does not necessarily belong to the joint property, and should be specifically judged according to the capital contribution and the status of the real estate registration
1) If the husband and wife do not explicitly agree on the purchase of a house during the marriage of the husband and wife, and only the name of one party is written on the real estate certificate, it will be recognized as the joint property of the husband and wife.
2) The real estate purchased by one of the parents with the payment of the down payment at the time of marriage, the payment for the house jointly paid by the husband and wife after the marriage and the related expenses paid for the decoration of the house belong to the joint property of the husband and wife, and the division of these expenses can be requested at the time of divorce, and the part of the capital contribution of one of the parents shall be handled according to the specific agreement at that time.
3) If the immovable property purchased by both parents is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties according to the share of their parents' contributions, unless otherwise agreed by the parties.
2. Buying a house together before marriage and only writing only one person's name is not considered joint property.
Not necessarily. Belonging to common property:
1. If the husband and wife do not explicitly agree on the house purchased during the marriage of the husband and wife, only the name of one of them is written on the real estate certificate, and the recognizable high source shall be determined as the joint property of the husband and wife.
2. If the immovable property purchased by the parents of both parties is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties according to the share of their respective parents' contributions, unless otherwise agreed by the parties.
Civil Code of the People's Republic of China
Article 308:Where the co-owners have not agreed on the immovable or movable property that they have to be jointly owned by shares, or the agreement is not clear, it shall be deemed to be jointly owned by shares, except where the co-owners have family relations.
Article 309:Where there is no agreement or the agreement is not clear, the share enjoyed by the co-owners in the immovable or movable property in common shall be determined in accordance with the amount of capital contribution; If the amount of capital contribution cannot be determined, it shall be deemed to be enjoyed in equal amounts.
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The division of property in the case of cohabitation and breakup shall be handled by agreement of the parties; If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party with due care. Where immovable property is incorporated or movable property can be divided and its value will not be diminished by 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. Cohabitation refers to a man and a woman living together as husband and wife without registering their marriage in accordance with the law.
[Legal basis].
Civil Code of the People's Republic of China Article 308 Where the co-owners have not agreed on the immovable or movable property jointly owned by shares or jointly owned by shares, or the agreement is not clear, it shall be deemed to be co-ownership by shares, unless the co-owners have a family relationship, etc.
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For men and women who live together, due to various reasons that lead to a breakup, for the division of property is cautious, basically you have no common property, you are just living together, not a legal husband and wife, so the division of property still requires the two of you to negotiate to divide their own property, and there will be no common property.
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1. If the parties have made an agreement on property during the period of cohabitation, the agreement shall prevail; 2. If there is no agreement on the property during the period of cohabitation, the two parties shall agree on the dissolution of the cohabitation relationship; 3. If the two parties fail to reach an agreement on the division of cohabitation property, the Li Za Court will make a judgment according to the specific circumstances.
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Cohabitation without a marriage certificate is not protected by law, you have to think about it and get back your property, you can only discuss with the other party, and after reaching an agreement, write a good property division document. State return.
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The best way is to divide your property in half, after all, the two of you have been in a bad cohabitation relationship before, and the relationship is also a couple relationship, and now only equal separation of your property is the most correct choice.
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When I was living together, you couldn't divide any property, because you didn't have the formalities of hail and shouting the law, and after you registered, Zheng Xiannian was the legal formalities, and there was no property without registration.
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Two people are just living together, so the relationship is not protected by law, and the property that belongs to the individual is their own and does not need to be divided equally.
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Legal analysis: the income and property purchased by both parties during the period of cohabitation shall be treated as general common property, and if there is an agreement on the division of Yuansheng's common property, it shall be handled according to the agreement; Where there is no agreement, it shall be handled in accordance with the principle of equal distribution, and consideration shall be given to the extent of the co-owners' contribution to the common property, and appropriate consideration shall be given to the actual needs of the co-owners in their production and life.
Legal basis: Article 304 of the Civil Code of the People's Republic of China The co-owners may negotiate to determine the method of division. If no agreement can be reached, the jointly owned immovable or movable property can be divided without diminishing its value; The orange round old object should be divided; Where it is difficult to divide or the value is diminished due to the cleavage, the price obtained from the discount, auction or sale shall be divided.
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Legal analysis: Generally speaking, in cohabitation, the income from the production and operation of both parties should belong to each other, and if it is the income from the joint production and socks or the cohabitation parties agree to be joint property, it should be joint property. During the period of cohabitation, when the two persons jointly use or dispose of the property, there is no need to divide it, and once the cohabitation relationship between the two persons is dissolved, the necessity of dividing the property arises.
Legal basis: Article 1065 of the Civil Code of the People's Republic of China A man and a woman may agree that property acquired during the marriage relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing.
Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.
If the husband and wife agree that the property acquired during the existence of the marital relationship shall be owned by each other, and the debts owed by the husband or the wife to the outside world are known to the counterpart, the personal property of the husband or the wife shall be repaid.
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5. How to divide the property when you live together and break up? Many couples who live together do not distinguish between you and me when they are in love, but when they break up and separate, they have various disputes due to the division of property. Cohabitation, in the best moments of the relationship.
Break up, when the relationship is indifferent. Many couples often choose Tonghong to live together and manage a good life together when they have a strong relationship. However, feelings are a complex and changeable thing, and many friends who live together have not entered the palace of marriage for various reasons, and the division of property has become a problem.
Especially when cohabitation breaks up, how to divide the property and how to divide it, it has stumped many couples who have broken up. So, how to divide the property and how to divide it when you live together? First of all, for the dissolution of the cohabitation relationship, the Chinese law stipulates that the dissolution of the cohabitation relationship can be negotiated between the two parties.
There is no need to bring proceedings to the court to dissolve the cohabitation. In the case of illegal cohabitation, i.e. where one of the spouses cohabits with another person, a request may be made to the court for the dissolution of the cohabitation relationship. For the dissolution of the cohabitation relationship, how to divide the real estate depends on who owns the house during the cohabitation period, that is, which party finances the purchase of the house during the cohabitation period.
In order to solve the problem of cohabitation and breakup, how to divide the property, we need to analyze the following situations:
1. How to divide the property and how to divide the house purchased by the party before cohabitation, and how to divide the property? In this case, since the house purchased by one party before the cohabitation belongs to the personal property of one party and belongs to the property of one party at the time of the breakup of the cohabitation, it does not participate in the division of property.
2. How to divide the property and how to divide the house purchased by one party after cohabitation, and how to divide the property? In this case, even if the house is purchased after cohabitation, since it is a house purchased by one party and the other party does not make any capital contribution, the house purchased is still the personal property of one party and will not be divided at the time of separation.
3. How to divide the property and how to divide the house purchased jointly by both parties during the cohabitation period, and how to divide the property? Article 10 of the Several Opinions of the Supreme People's Court on the Trial of Cases of Cohabitation in the Name of Husband and Wife without Marriage Registration issued by the Supreme People's Court on November 21, 1989 stipulates that when an illegal cohabitation relationship is dissolved, the income and property jointly obtained by both parties during the period of cohabitation shall be treated as ordinary joint property.
In other words, it may be divided according to the common ownership or the joint ownership. For the specific cohabitation and breakup, how to divide the real estate still depends on how the judge determines and how to deal with it. Co-ownership by shares means that the proportion of the two parties is determined according to the original share of capital contribution at the time of the breakup, and then the property is divided.
Co-ownership means that the two parties living together own the house, and when they break up, they divide it according to the common property, that is, divide it equally according to the standard of division. As for which division method the judge will use, it still depends on the understanding of the local judge. Therefore, when dissolving the cohabitation relationship and dividing the property, you can consult a local lawyer first, and choose to take legal means to solve the problem or negotiate with both parties under the guidance of the lawyer.
Choose a solution that is more beneficial to you.
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