After Wang Ning divorced, she lived alone with her daughter Wang Jing. 1990, she met Liu Jiang who came to work in Beijing. Liu Jiang takes good care of Wang Ning in his work and life, and is also very good to Wang Jing. After getting along for a year, they began to live together in a house in a village in Wang Ning.
1999, the village where Wang Ning is located is included in the scope of demolition, including the accounts of Wang Ning and Wang Jing. According to the demolition policy, Wang Ning can get a two-bedroom compensation for the house area and the number of registered permanent residence. Liu Jiang lived here for a long time. Although they didn't get a marriage certificate, the village thought they were husband and wife. According to the demolition policy, if the spouse's household registration is not in the village and there is no other housing, he can enjoy the house repurchase index of 30 square meters. Liu Jiang had no other housing, so the demolition unit finally gave Wang a three-bedroom apartment. In the demolition agreement, the demolition person is Wang Ning, and the resettlement population is her husband Liu Jiang and Wang Houjing. After that, Wang Ning signed a house sales contract with the developer, and Liu Jiang paid the house price of 1.5 million yuan. After the house came down, Liu Jiang went through the formalities of closing the house. After renovation, he and Wang Ning have lived here until now. In 2004, Sanbaifang obtained the house ownership certificate and registered it in the name of Wang Ning.
In 2005, Wang Ning and Liu Jiang registered to get married. 20 15 The two were preparing for divorce for various reasons, and Liu Jiangcai discovered that Wang Ning had transferred his three-bedroom apartment to Wang Jing's name by way of gift a month ago. According to the theory of Liu Jiang and Wang Ning, Wang Ning said that he demolished his house, and his three-bedroom apartment was acquired before marriage, which has nothing to do with Liu Jiang. Liu Jiang believes that although they did not get a marriage certificate at that time, they have lived together for many years in the name of husband and wife. When they were demolished, they were able to get a three-bedroom apartment because they didn't have other houses as spouses. For more than ten years, they paid for the house purchase, decoration and various expenses themselves. Why doesn't the house have its own share?
Lawyer interpretation? Property acquired during cohabitation? Belong to common property
Lawyer Song Li, a partner of Beijing Dongyuan Law Firm, said that the property obtained during cohabitation belongs to common property.
Wang Ning and Liu Jiang began to live together on 1990. Although they have never registered to get married, they live in the name of husband and wife, and other people in the same village think they are husband and wife. During the demolition, Liu Jiang was placed as Wang Ning's spouse. Wang Ning and Liu Jiang lived together as husband and wife for a long time, forming a legal relationship of cohabitation, although they didn't register to get married when they got the three-bedroom apartment. According to the provisions of relevant laws, the income and property jointly obtained by both parties during cohabitation should be agreed upon, and if there is no agreement, it should be regarded as a common relationship.
This three-bedroom apartment was acquired on the basis of demolition. According to the relevant demolition policy, Liu Jiang, as the spouse of Wang Ning, has no other housing and enjoys the purchase quota of 30 square meters. So the demolition unit arranged a three-bedroom apartment for Wang Ning. The three-bedroom apartment has a 30-square-meter house purchase index for Liu Jiang, which was obtained during the cohabitation of Liu Jiang and Wang Ning. The three-bedroom apartment should belong to the common property of Wang Ning and Liu Jiang. It is precisely because this three-bedroom apartment belongs to the common property of Wang Ning and Liu Jiang that Liu Jiang paid for it, went through the formalities of handing over the house and paid for the subsequent decoration and daily expenses, and Liu Jiang has been living here. Therefore, the three-bedroom apartment belongs to the common property of Wang Ning and Liu Jiang.
Wang Ning's act of giving the house to Wang Jing is invalid.
This three-bedroom apartment belongs to the joint property of Wang Ning and Liu Jiang. Although it is registered in the name of Wang Ning, Wang Ning has no right to make any punishment. As the daughter of Wang Ning, Wang Jing should know the ownership of the house, and they donated the house one month before Wang Ning filed for divorce, which harmed Liu Jiang's rights and interests. According to the relevant provisions of the Contract Law, the donation behavior of Wang Ning and Wang Jing should be invalid.
Lawyer Song Li suggested that Liu Jiang take Wang Ning and Wang Jing to court on the grounds that the gift contract was invalid. After the contract is invalid, the change registration based on the contract is invalid, and the three-bedroom house registration is restored to Wang Ning's name. In the divorce proceedings, Liu Jiang and Wang Ning divided the house again. Because Wang Ning transferred the joint property to his relatives during the marriage, according to the provisions of the Marriage Law, if the joint property of husband and wife is transferred during the marriage, the transferor should be given less or no share when dividing the joint property. Wang Ning should also bear corresponding legal responsibilities for the transfer of the joint property of husband and wife.
(The above answers were published on 20 16- 12-08. Please refer to the actual situation for the current purchase policy. )
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