The property of a husband and wife is inseparable from the name of a divorced child
origin: Beijing Youth Daily reporter Kong Linghan
in recent years, the situation of the registration of real estate under the name of the minors is becoming more and more common, and it has appeared. A lot of new problems. Yesterday, the third middle court of Beijing summoned the press conference to sort out the related issues and opinions of minors in the field of real estate protection, and gave a typical case.
according to the Third Hospital, 62.1% of the real estate under the name of minors are purchased by the parents directly in the name of their children. After divorce, the distribution of such property often leads to disputes. The third Central Academy said that the husband and wife can purchase real estate in the name of the minors with the joint property, and after the confirmation by the relevant departments, it can be found in principle as a gift to the children, even after the divorce, it should not be divided or renamed after the divorce.
when divorced from "split"
Zhao Xin (pseudonym) and Yue Peng (pseudonym) married, with the name of daughter sweet (pseudonym) bought a set of housing and two garage. When the two men divorced, they agreed that the house belonged to their father Yue Peng, but did not agree on the ownership of the two garage.
since then, Zhao Xin, who raised her daughter, disagreed with the previous agreement. He brought his ex husband to the court to confirm the validity of the house and the garage to be given to her daughter. The agreement on the joint contribution of the husband and wife to the purchase of a house was not valid.
the court of first instance decided that Zhao Xin and Yue Peng would be effective in giving property to their daughters, and dismissed other claims. The two trial of
third central court upheld the original judgment. The court held that, in this case, after the husband and wife bought the house in the name of their daughter, the administrative organ had issued a temporary housing license for Xiao Tian, that is, the rights of the house were obtained by small sweet, so it should be found that the two husband and wife of the House Department did not belong to the common property of the husband and wife. And the above two garage, because of its ownership of the state has not been registered by the relevant authorities, and no relevant evidence shows that both husband and wife have the meaning of the daughter's gift to the garage, so in accordance with the actual capital contribution, it is identified as the common property of the husband and wife.
after divorce, she wants to withdraw the donation
court's second instance dismissal request
in another case, two people have a son after marriage. After the divorce agreement between the woman and the man, he agreed that his son should be brought up by the man, and the woman would not bear the cost of living, education and medical expenses. On the same day, the woman signed the donation agreement at the Civil Affairs Bureau, and the 50 square metre share of the demolition will be donated to her son.
after that, the woman filed a lawsuit and asked for the cancellation of the grant agreement. It was considered that the man would continue to delay the bad condition of the divorce to ask for his gift. The woman could get rid of the unfortunate marriage as soon as possible, but had no choice to sign the agreement, and it was not the real intention. The court of first instance ruled that it would dismiss the woman's claim. After the sentence, the woman put forward an appeal. The second instance of the third central court made a ruling: dismissed the appeal and upheld the original judgment.