The biggest peculiarity of this case is that it was impossible to obtain a house title certificate from the time of purchase to the divorce.
Daughter Xiao Huang, father Lao Huang and ex-husband Xiao Lan bought a house during their marriage, but due to objective reasons, they could not apply for a property certificate, and the house could not apply for a property certificate until many years after the two parties divorced.
Xiaolan believes that at the time of purchase, Xiaolan and Xiaohuang were husband and wife. The house is purchased by the family, and the house is jointly owned, and it is agreed to determine their respective shares according to the proportion of one-third, taking into account the family co-ownership relationship.
Xiao Huang and Lao Huang believe that the size of the co-owner's contribution should be considered when dividing the house involved in the case, and the division should be carried out according to the actual proportion of capital contribution.
In marriage, the young couple and the elderly jointly fund the purchase of a house, and the property certificate can only be obtained after the divorce, how to divide the house at this time?
There are three methods of segmentation,
First, Xiaolan's claim that there is a family relationship at the time of purchase, which is regarded as co-ownership and is divided equally according to co-ownership;
Second, Xiao Huang and Lao Huang advocated that when dividing the house, there was no family relationship between the parties, so the division was carried out according to the actual capital contribution ratio;
Third, Lao Huang obtains his share according to the capital contribution ratio, and Xiao Huang and Xiao Lan are treated as divorced real estate division because the purchase is during the existence of the husband and wife relationship, and the remaining part is divided equally in principle, and the woman Xiao Huang is properly taken care of.
Because the legal provisions are not so detailed, the three methods of dividing the house actually make sense, and the court actually has the final say on which one is applicable.
I am Lawyer Young Ahren, a lawyer who only tells the truth and only answers questions from real cases that can be found on the court's official website. Taking the case as a mirror, you can know the victory or defeat, and using others as a mirror, you can know the gains and losses. (2020) Hu 01 Min Zhong No. 13106 Judgment, the court held that
The court of first instance based on the fact that the relationship between the two parties has undergone major changes and there is also a dispute over the amount of capital contribution, and it is more difficult for the two parties to independently handle the property rights of the house involved in the case, even if the two parties agree to handle the property rights registration, the distribution of shares in the property rights registration is prone to a deadlock, so the rights of the parties in the house involved in the case are divided before the property rights are registered, and based on the claims of the parties and the statements of the parties, combined with the ascertained facts of the capital contribution, There is nothing wrong with the determination of their respective shares based on the proportion of capital contribution, and the judgment that the house involved in the case belongs to Xiao Huang, and Xiao Huang pays Xiao Lan the discount amount that should be paid, and the reasons are also detailed and sufficient, and this court agrees with it.
In conclusion, the court held that in this case, the purchase of the house should be purchased according to the actual capital contribution ratio with reference to the joint purchase of the house before marriage.
