The thing Wang Tao regrets the most is that he met Zhao Huiqin, that is, he mistakenly thought that they could grow old together. At a gathering of friends, the spring sunlight poured into the room through the large floor-to-ceiling windows, accompanied by a cheerful **, Wang Tao, who was in his thirties, met Zhao Huiqin, who was a few years older than him. Her elegant demeanor and bright smile instantly fascinated him. Wang Tao couldn't believe his luck, Zhao Huiqin actually showed a strong interest in him.
Afterwards, he heard from a friend that Zhao Huiqin had a short marriage and is still single. This news made Wang Tao happy, because in this way, he who is also single can confidently and boldly pursue Zhao Huiqin.
With the encouragement and matchmaking of his friends, he mustered up the courage to dial Zhao Huiqin's **. This call made them inextricably linked. Wang Tao smiled sweetly, and Zhao Huiqin furrowed her brows, and couldn't help but hesitate. However, she decided to give the relationship a chance.
As the exchange deepened, they had a lot of common topics. Slowly, these two hearts, which had been erratic, began to attract each other, and eventually, stayed for each other. After a period of getting along, the relationship between the two developed further, and they identified as boyfriend and girlfriend.
Since then, they have supported each other in life, thought more about each other, and planned a better future. Their first plan was to buy a house of their own. In their minds, it is a testimony of love and hope for the future.
After repeated comparisons, they chose a house in Qingpu. The total contract price was 1.17 million yuan, the two jointly made a down payment of 660,000 yuan, and the remaining 510,000 yuan was a commercial loan in Zhao Huiqin's name, and the two repaid it together.
They thought that this house would witness their love, but the heavens did not fulfill their wishes, and the relationship between the two gradually cracked, and they finally broke up. I thought I wanted to get together and disperse, but the two had an argument over the house.
Wang Tao said that he also paid for the house, so he asked for half of the property. However, Zhao Huiqin disagreed. Wang Tao sued Zhao Huiqin to the court in a fit of anger.
In court, Wang Tao argued with reason, and also took out some transfer records to Zhao Huiqin. He thought that this evidence would prove that he had paid for the house. Zhao Huiqin also tried her best to defend herself, she said that the house was not bought by them together, and the down payment and loan were all made by herself, so the house was registered in her name. And the transfer records presented by Wang Tao are some gifts, and some are their living expenses.
Because Wang Tao's transfer did not clearly indicate the purpose, the two of them did not sign any capital contribution agreement or joint purchase agreement. In court, the evidence did not support Wang's claim.
Because the grandmother said that the purchase contract and the real estate certificate only wrote Zhao Huiqin's name, and the loan was also in Zhao Huiqin's name, Wang Tao could not provide strong evidence to prove his contribution. So the court said it could not support his claim, but it could negotiate mediation.
Aunt Yi's point of view: Zhao Huiqin should compensate Wang Tao with 100,000 yuan.
1.Although the house is in Zhao Huiqin's name, Wang Tao contributed money to participate in the process of buying a house, paid part of the down payment, and also participated in the repayment, and he has the right to share the property rights of the property.
2.Zhao Huiqin's joint efforts in life and finances with Wang Tao before and after prove that they live and invest in a jointly responsible way, so the distribution of property ownership should take into account the contributions of both parties fairly and reasonably.
3.Even though the transfer records do not clearly indicate the purpose, the records provided by Wang Tao show that he had financial dealings with Zhao Huiqin, which is sufficient to prove his contribution to the property.
Uncle Bai's point of view: Zhao Huiqin should not compensate Wang Tao with 100,000 yuan.
1.The house is in Zhao Huiqin's name, and she bears all the down payment and loans, so she has the right to own the property alone, and Wang Tao has no right to ask for half of the property.
2.Although Zhao Huiqin and Wang Tao contributed together in life and investment, they did not sign a capital contribution agreement or a joint purchase agreement, nor did they clearly stipulate the ownership of relevant rights and interests, so it is uncertain that both parties contributed to the property.
3.The financial transactions shown in the transfer records may only be gifts or living expenses, and do not prove Wang Tao's actual contribution to the property.
4.In the end, Wang Tao and Zhao Huiqin resolved the dispute through voluntary negotiation, and the court adopted mediation, indicating that the court also believed that the two parties should voluntarily reach an agreement, rather than forcing Zhao Huiqin to compensate.
Under the active mediation of the court, Wang Tao and Zhao Huiqin finally reached an agreement. Zhao Huiqin compensated Wang Tao 100,000 yuan, and the matter was resolved.
Legal Opinions:1According to Article 73 of the Contract Law of the People's Republic of China, a contract shall be determined in accordance with the agreement of the contracting parties, concluded voluntarily, and shall be equally binding. In this case, the purchase contract only wrote Zhao Huiqin's name, and Wang Tao was not seen to provide relevant evidence that might prove his capital contribution, so the court could not support his claim.
2.According to Article 41 of the Marriage Law of the People's Republic of China, the house where husband and wife live together shall be jointly owned by the husband and wife. However, in this case, Wang Tao and Zhao Huiqin were not married, so the Marriage Law does not apply here.
Although Wang Tao did not receive the support of the court, after negotiation between the two parties, Zhao Huiqin chose to compensate Wang Tao for part of the house payment, which is also an effective way to resolve such disputes. Of course, in the process of buying a house, the two parties can sign a joint purchase agreement or a capital contribution agreement to clarify the rights and obligations of both parties to avoid similar disputes.