Henan Xianwei Law Firm Ji Mengyuan

The recently popular TV series"Settling Down"revolves around real estate agencies helping clients settle down,with some stories of competing for property rights,reflecting many legal issues related to property rights disputes in reality.First,let the lawyer guide everyone to interpret the plot one by one.

Plot 1:Lao Yan and his wife fully invested in the purchase of***property for their soon to be married son.The son suggested adding his daughter-in-law's name to the property certificate,causing the old couple to hesitate.

Legal issue:Can the property certificate add the other party's name when one parent fully invests in purchasing a house for their children's marriage?

Legal interpretation:

1.Regarding the question of whether it is possible to add a name

(1)If the purchase of a house occurred before the child's marriage registration,and the house was registered under the son's name,then the property belongs to the son's personal property before marriage.

(2)If the purchase of a house occurs after the child's marriage registration,and the house is only registered under the son's name,it is considered a gift from the parents only to their own son,and the property belongs to the son's personal property after marriage.The legal basis is Article 7(3)of the Judicial Interpretation of the Marriage Law,which stipulates:"Real estate purchased by the parents of one party for their children after marriage,if the property rights are registered in the name of the children of the investor,can be regarded as a gift only to one of their own children in accordance with Article 18(3)of the Marriage Law,and the real estate should be recognized as the personal property of the***party."

In the above two cases,the property purchased by parents for their children and registered in their names belongs to the children's personal property.The children have ownership of possession,use,income,disposal,etc.In this case,whether to add the name of the other party to the property certificate can be entirely decided by the children themselves.Even if parents and children have different opinions,it cannot legally prevent their children's decisions.Communication can only be conducted from a rational perspective to achieve mutual understanding and tolerance,in order to maintain harmonious family relationships.

(3)If the purchase of a house occurs after the child's marriage registration,and the child requests to add the other party's name during the registration of the house,whether to add it or not is decided by the parents.If parents insist on not adding,it is a clear indication that the property is only a gift to their own children;If the parents agree to add,it clearly indicates that the property is a gift to both the children.

2.The consequences of adding a name

Article 17 of China's Property Law stipulates:"The certificate of ownership of immovable property is the proof that the right holder enjoys the property rights of the immovable property."China's property management is based on the registration effect.If the son of Lao Yan adds the name of his wife to the property certificate he has obtained,the property belongs to their common property;If Lao Yan agrees to add the name of his daughter-in-law when applying for the property certificate for his son,it means that the house is a joint gift from Lao Yan to his son and daughter-in-law.If in the future,the son and daughter-in-law have a strained relationship and request a divorce,the daughter-in-law will divide the house with the son,and the property will be left to outsiders,which makes it difficult for the hardworking couple to accept.

Lawyer's advice:

If parents feel conflicted when encountering such a situation,they can confirm through an agreement that the purchase price of the***house is a loan lent by the parents to their children,signed by both the son and daughter-in-law,and keep the transfer voucher.If there are really"special circumstances",it can greatly avoid property loss.

Plot 2:Manager Xu buys a second house to avoid taxes and falsely divorces his wife.After the divorce,he transfers the property that was originally under his own name to his wife's name.Later,his wife makes a mistake and the fake divorce becomes a real divorce.

Legal issue:Can fake divorce become real divorce and reclaim property?

Legal interpretation:

Article 31 of the Marriage Law stipulates:"If both men and women voluntarily divorce,they are allowed to divorce.Both parties must apply for divorce at the marriage registration authority.When the marriage registration authority confirms that both parties are indeed voluntary and have properly handled their children and property issues,they shall issue a divorce certificate."

Article 9 of the Judicial Interpretation II of the Marriage Law stipulates:"If a man and a woman renege on the issue of property division within one year after the divorce agreement,and request to change or revoke the property division agreement,the people's court shall accept it.If the people's court fails to find any fraud,coercion or other circumstances at the time of entering into the property division agreement after the trial,the party's lawsuit request shall be dismissed in accordance with the law."

The Marriage Registration Regulations of our country regard marriage registration as a requirement for the establishment and termination of marriage(agreement divorce),and marriage registration is of public effect,so there is no concept of"fake divorce".Once registered for divorce,both parties were able to terminate their marital relationship.As for the agreement on property division,unless there is fraud,coercion,or other circumstances that can be requested to change or revoke,it is also legally binding on both parties.

In the plot,Manager Xu and his wife claimed that their marriage had already been terminated at the time of fake divorce.The transfer of property by both parties was considered as a division of the divorced property,and after the division,the property had become the personal property of their ex-wife.All of this is voluntary and there is no fraud,coercion or other situation between the two parties during divorce,so there is no reason to overturn it.As for the unexpected behavior of his ex-wife after divorce,Manager Xu can only bear this legal risk.

Lawyer's reminder:

In real life,there are indeed some"fake divorces"due to factors such as buying a house,having children go to school,and avoiding debt,among which there are the following legal risks:

1.Marriage risk:Once one party does not agree to remarriage,the marriage is truly irreparable.Legally,both parties have already divorced,and no one can force remarriage.

2.Property risk:After divorce,property division means that,in addition to common debts,the assets of the original***parties have become independent of each other,and all assets under their names are not related to the other party.At the same time,the inheritance rights to each other's property will also be lost.

3.Child custody risk:If the issue of child custody is clearly stated in the divorce agreement,the legal aspect of child custody will be strictly enforced in accordance with the agreement.There will be many conflicts between the child's custody and the payment of custody fees,which is also detrimental to the child's growth.

Plot 3:The owner of Gong's garden wants to sell a small western-style house with a market value of over 100 million yuan.At this time,his aunt and his family obstruct and demand a moving fee of 50 million yuan;This old lady's family had nowhere to settle down in their early years.Due to family ties,the old man of the Gong family kindly took in their family,and the two families lived together.

Legal issue:Does the resident(lessee)have the right to demand the division of the transfer proceeds from the sale of property?

Legal interpretation:

Article 9 of the Property Law stipulates:"The establishment,modification,transfer,and elimination of real estate property rights shall take effect upon registration in accordance with the law;without registration,they shall not take effect,except as otherwise provided by law."

Article 93 of the Property Law stipulates:"Real estate or movable property may be jointly owned by two or more units or individuals.Co ownership includes joint ownership by shares and joint ownership."

The property rights of this small western-style house are registered as one of the old men of the Gong family.Therefore,according to the principle of property rights disclosure,there is no common ownership.Gong Furniture has complete disposal rights,and the proceeds from the transfer are owned by the Gong family.The living status of Aunt Biao's family is simple borrowing,with only partial residential rights,and the Gong family has the full right to reclaim this right at any time,let alone divide the house transfer payment.

In daily life,there are more issues with tenants.Is there a basis for the owner of the house to transfer the house,but the lessee obstructs and requests to continue to fulfill the***house lease agreement or to divide the house transfer payment?

According to Article 229 of the Contract Law,"If there is a change in ownership of the leased property during the lease term,it shall not affect the validity of the lease contract."Article 230 stipulates that"if the lessor sells the leased property,it shall notify the lessee within a reasonable period before the sale,and the lessee shall have the right of priority purchase on equal terms."

The lessee has the right to request the continued performance of the lease agreement and has the right to purchase on equal terms,but does not have the right to request the division of the house transfer payment.

Lawyer's advice:

1.If there is a situation where relatives and friends live together for a long time,the property owner should sign a written agreement with the cohabitant,indicating the ownership of the house and the rights of cohabitation.Before selling the house,they should communicate with the cohabitant in advance to find a place to live and move out at any time to avoid conflicts when transferring the house.

2.If the house is in a rental state,the property owner should notify the lessee in advance and seek their opinion on whether to purchase the***house before transferring the house.If the lessee purchases a***house,they will have priority under the same conditions.At the same time,it is necessary to clearly inform the buyer of the rental situation,including rent,term,etc.If the lessee does not purchase the house and requests to continue renting,according to the legal principle of buying and selling without breaking the lease,the property owner should require the buyer to continue performing according to the original lease contract.

3.The property owner can also adopt alternative solutions when selling the property,such as offering the lessee a refund of the remaining rent and providing appropriate compensation to terminate the lease agreement through negotiation.To achieve the purpose of selling the property during the lease term.

(To be continued)