1. Overview of the case:
On July 9, 2012, Hu X 2 and Wang X were originally husband and wife, and on July 9, 2012, the two parties went to the marriage registration office of the detailed Civil Affairs Bureau to voluntarily agree to divorce, and divided and assumed all the joint property and debts during the existence of the husband and wife. Wang's share of xxx real estate and the debts assumed were enjoyed and borne by Hu 1, and Hu 1 was responsible for supporting Wang. It has been eight years since Hu X 2 and Wang voluntarily divorced and divided their property, during which Hu X 1 occupied, renovated and used the house of Xinjia Yuanda Restaurant, and undertook to repay the mortgage loan of more than 2 million yuan owed by Xinjia Yuanda Restaurant. In the second half of 2020, Hu XX2, on the orders of his father, not only did not actively try to apply for a real estate certificate for Hu XX1, but on the contrary, unreasonably asked Hu XX1 to give part of the house to Hu XX2, and after Hu XX1 refused, Hu XX2 forcibly sealed the door by locking the door and stacking red bricks, resulting in Hu XX1's inability to operate normally and causing serious losses to Hu XX1, so Hu XX1 sued the court.
2. The verdict of this case:
The divorce agreement between the defendant Hu X 2 and the third party Wang X is legal and valid, and the real estate and corresponding land use rights of Dexinjia Yuanda Restaurant located in Yiyang City are owned by Hu X 1;Defendant Hu X 2 and a third party Wang X assisted the plaintiff Hu X 1 in obtaining the real estate certificate of the above-mentioned real estate and land under the name of the plaintiff Hu X 1.
3. In this case, the crux of the case is as follows:
1.Whether the property involved in the case is owned by Hu 1;
2.Whether Hu X 2 and Wang X should cooperate with Hu X 1 to complete the real estate certificate application.
4. Lawyer's analysis and views:
The Divorce Agreement is legal and valid, and the real estate involved in the case is owned by Hu X 1 according to the agreement, and Hu X 2 and Wang X should perform their rights and obligations in accordance with the Divorce Agreement. After carefully inquiring about the specific circumstances and process of the gift contract dispute between Hu X 1 and Hu X 2 and the third party Hu X 3, the lawyer cross-examined and debated the entire process and the relevant evidence provided by the parties from a legal perspective and logic, and successfully determined that Hu X 1's claim that the property involved in the case belonged to him in accordance with the content of the Divorce Agreement should be supported because it was based on the legal Divorce Agreement.
5. Lawyer's Tips:
If you encounter a dispute over a gift contract, you need to pay special attention to:
1.Where the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposal;
2.A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.