Micro case: The establishment of the residential right of effective judgment must be registered with the registration agency according to law

Socialist core values ​​| "Civil Code"

Simple cases

Li Mou and Fan Mou registered in 2018, and the two were married to Li Xiaomou in 2020. Later, the emotional rupture caused by contradictions in family chores. In 2021, Li filed a divorce lawsuit with the People's Court of Plus District, Jilin City.

Residence case case

NO.01

Referee points

The People's Court of Plus District, Jilin City, issued a civil mediation letter on May 20, 2021 (2021) Ji 0211 Minchu No. 1866, and judged Li Mou and Fan Moumou; From May 20, 2021, the support fee is 2,000 yuan, which is paid until Li Xiaomou can live independently. It is located in the XX house XX, XX, XX, XX Community, Longtan District, Jilin City. From the date of the divorce, Fan Moumou and Li Xiaomou have lived for 5 years.

NO.02

Typical meaning

After mediation in this case, the two sides agreed to divorce and settle the case in the form of establishing a time limit for residence. After the case, the judge focused on notifying that Fan Moumou could mediate the formalities to the property rights registration department to go through the residence right registration procedures according to this, and Li Mou should cooperate.

Following the provisions of Article 367 and Article 368 of the Civil Code, the establishment of the right to residential rights is based on the premise of the written residence right between the parties, and the residence right is registered as the effective requirements. In family disputes such as support disputes, divorce disputes, and separate production disputes, due to the deterioration of the relationship between the two parties, it is difficult to reach a written contract contract, and the registration of residence rights cannot be realized. The lawsuit to maintain the right to residential, and the establishment of the right to residence is non -murmical. Although the judge cannot determine the residence rights in accordance with Article 367 and 368, in this case, Li as the owner of the house allows Fan Moumou to live in the residence. It is a free punishment for its own rights. The disposal opinions are in accordance with the law. The court's opinion on the disposal of the parties through a mediation letter also reflects the trial concept of protecting the rights and interests of the weak of the woman and the weak of the children in the divorce case.

NO.03

Judge message

According to the relevant provisions of the Civil Code, the right to residential can be established through contracts, will, and the court's effective judgment. Regardless of the establishment of residential rights in which method, you should apply for residential registration from the registration agency. With the residential real estate registration certificate, even if "the house does not return to me, I can live with peace of mind."

Writer writing: Luo Lingling

He Xiu

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