Why can the man only get 1%when the divorce?

Author:Hangzhou.com Time:2022.08.10

Xiao Zhao Wenbin Binbin, Xiao Li Kailang is confident. After the introduction of each other, the two attracted each other, and soon fell in love. After half a year, they decided to get married. After marriage, they bought a tens of millions of mansion. Two years later, the two sides often quarreled because of their trivial matters, and the contradictions continued to upgrade, and eventually came to divorce. In that luxury house, Xiao Zhao only got 1%of the share. What was going on?

It turned out that the down payment of millions of luxury homes was paid by the woman Xiao Li after selling the houses before marriage, and paid by the income.

"The house was bought by you, and the mortgage was also paid back. I would have a name in this house, and the ownership belonged to you." When applying for real estate registration, Xiao Zhao showed that his feelings for Xiao Li said that he said so much about his feelings. In the case, he also issued the "Property Regulations for the Real Estate" to the Real Estate Registration Service Center. After negotiation, it was registered as Xiao Li and Xiao Zhao.

Two years later, Xiao Li believed that Xiao Zhao lacked care of himself and cracks his feelings, so he sued the Hangzhou Binjiang Court for divorce and asked to confirm that the mansion was owned by himself.

Xiao Zhao believes that luxury homes are the common property of the husband and wife after marriage. At that time, the registration of the settlement was to maintain the relationship between the husband and wife, and it could not be used as the basis for the division of property.

The court believes that according to the principle of publicity of property rights, in the case of property rights and rights that have not been revoked in accordance with the law, the ownership of property rights shall prevail on the contents of the ownership certificate. The registration of the current property B is the true meaning of both parties in both parties, which should be legal and valid, so the above real estate should be divided according to the registration share. Because Xiao Li has a 99%share, the court confirms that the above property is owned by Xiao Li, and Xiao Li needs to pay 1%of the house discount to Xiao Zhao at the present value of the house.

Judge

The written agreement between husband and wife is not a child's drama. In this case, Xiao Li and Xiao Zhao signed a book with a written form. Evidence proves that when the existence of the two parties shows defects, both parties should strictly adhere to the "contract" between husband and wife and be restrained.

In addition, real estate registration is the basis for the ownership of real rights rights and content. It is an important aspect of the publicity of property rights. Property registration as an administrative confirmation, which has a stable legal relationship, reducing disputes in disputes, protecting social order, and protecting the legitimate rights and interests of administrative counterparts. For the consideration of the authority of property rights, the effectiveness of registration should also be recognized.

In this case, Xiao Zhao and Xiao Li went to the Real Estate Registration Service Center to apply for real estate registration, and voluntarily registered the house to 99%and 1%of the sharing, which means that the legal facts of the proportion of the two parties on the real estate B have already been the legal fact. Reached a consensus and was confirmed by the administrative agency. If there is no sufficient evidence to overturn, the fact that the administrative confirmation is legal facts. When dividing the common property of the husband and wife due to divorce disputes, the court will also divide the share shares stated in the real estate registration certificate.

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