Cover a region deep! The collective divorce that buy a house discovers he holds 1% share only after

The Zhang Yuqin of Hefei plans to divorce. In August 2018, she to house property praedial authority trades the center inquires discovery, a total that during be the same as marital marriage, he purchases jointly 1.2 million bridal chamber, the property right proportion that she holds has 1% only. She answers recall, when buying a house at the outset, she turns Zhang 500 thousand to the husband, the husband is with her for the other place, a power of attorney that let her sign an accredit husband to handle the matters concerned that buy a house... operate through this, someone says to want to divorce she can divide this flatlet only 1% ! Can wanting a divorce be this result really? How should be property right of the building when husband and wife buys a house registered?

Zhang Yuqin says, house total prices 1.2 million the left and right sides, head pay 5 into, before buying a house, she turns to marital Wang Chuanlin Zhang makes an appointment with 500 thousand yuan, wang Chuanlin is contributive 100 thousand money, collect became sufficient head pay 600 thousand yuan. The Wang Chuanlin when her memory buys a house at the outset with her far it is for Hefei, let her sign an accredit trust deed, processing of accredit Wang Chuanlin buys a house relevant matters concerned. Stem from accredit, zhang Yuqin signed accredit book in January 2016. When can not thinking of the husband is taking this accredit book to be registered in conduction property right however house property portion 99% register in him under one's name, and register Zhang Yuqin under one's name have 1% only!

Well-known, basis " matter right law " regulation, praedial matter right is registered with property right to allow, at the same time basis " marriage law " be opposite between husband and wife belongings is attributive if have,agree with portion, it is in order to agree accurate. This 99: The wife when whether portion registers the house property of 1 to you can cause a divorce can be divided to 1% only?

Before analysing this case, a few kinds of when after popularizing marriage of husband and wife to everybody first, the common property right that buy a house registers familiar pattern:

1, house property is registered only in one party under one's name, another not sign one's name.

Reality of this kind of circumstance is a lot of mediumer, a lot of husband and wife are used to previously so do, register after all in two people under one's name a lot of formalities get two people to run, some husband and wife can disrelish a trouble.

A pair of young husband and wife when I ever saw the autograph that buy a house is made an appointment with personally state house property registers under one's name of the other side, contract to be signed with name of the other side each other, lest does formalities to get his. Bilateral after all psychology is clear also: House property card is registered for one party alone and all, but when the divorce if do not have an extraordinary agreement, normally this house still is maintained for husband and wife common property, not the one party of sign one's name still has break up authority.

2, both sides of the house property husband and wife that register is collective and mutual, do not distribute share.

This kind of circumstance is commonner also, and increasing now, after all house property is great belongings, do not register on him name has some of person to may not be free from anxiety, so, more and more husband and wife can register house property to be shared jointly. This kind of circumstance registers means to break up portion when the divorce, basically distinguish with the 1st kind not quite.

Knock blackboard: Be compared and character, 1 and 2 although divorce time cuts standard deviation not much, but really the 2nd kind of means that register more be helpful for protecting spouse external common property. Common sign one's name can prevent two people effectively to one party sells alone or mortgage husband and wife is collective the circumstance of house property.

3, house property registers under one's name of both sides of husband and wife and make clear portion, the likelihood is identical differ possibly also.

This kind of means that register is not too much, what among them a few also is register is each 50% , final result follows to be shared jointly about the same. Do what share of worth of both sides of this kind of husband and wife differs to register, it is to have special reason normally, both sides is contributive and for instance different yield and assure what should tell clear, one party to off the rails behavior gives other one party to wait a moment.

Without giving thought to what reason, if special agreement was made to house property portion really between husband and wife, so this house property is not the common property on common sense, by the agreement portion is divided when the divorce, the agreement is when 1% divorces 1% .

Of course, judicatory practice is complex, return this law case, woman may not can be divided only 1% , reason is as follows:

The to portion special agreement of the 3rd kind of circumstance that a moment ago said, should form written agreement between husband and wife commonly, the meaning expresses that he must be clear about clear. Will tell with respect to this law case, what the husband takes is the accredit that wife conduction house property registers, unless respective portion was made clear to perhaps evidence shows both sides has an agreement truly to portion in accredit, cannot regard as directly otherwise worth share agreement was formed between husband and wife. From the point of current accredit book, just deal with formalities of accredit, and the problem that did not make clear portion.

Below this setting, the share that when the husband is dealing with house property to register as agent, makes is divisional, only administration registers the result, cannot be equal to agree at the belongings between husband and wife directly. And make so apparent enroach on be counterpoised by agent as agent the behavior of beneficial, also the original idea photograph that concerns with the representative is contrary to itself.

Of course, accurate judgement is with the evidence that shows finally accurate, this kind 99: Of 1 register have bigger risk to the wife really. The house was bought in the home, must see a contract, treat house property disease, have some of basic risk consciousness and legal knowledge, still should have!

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