Legal Gas Station How to divide the house after divorce when a husband and wife buy a house, and the man's parents contribute to it and register it in the names of both men and women? The court comprehensively considered the capital contribution of the purchase of the house** and the contribution of both parties to the house, and ruled that the house belonged to the man in accordance with the judicial principle of taking into account the rights and interests of the children and the woman and the innocent party, and determined that the man should give the woman a discount of 30 percent of the appraised price of the house.
Case review] Plaintiff: female, born in 1988, defendant: male, born in 1985, registered their marriage in January 2011. In 2018, due to emotional discord, the court ruled that the divorce, and the legitimate child was raised by the woman, and the man paid 800 yuan per month for child support until the child was 18 years old, and the ownership of the family housing was not processed.
In 2020, the woman filed a separate lawsuit on the division of the joint property of the husband and wife such as housing and household appliances, but the judgment in the case did not support the claim for house division because neither party applied for an appraisal of the value of the house and lacked basis.
In October 2022, the woman sued again, continuing to request the division of the house and apply for ** appraisal. According to the appraisal entrusted by the court, the market price of the house involved in the case was more than 530,000 yuan.
The defendant argued that the house in question was purchased by the husband's parents in 2014 and registered for property registration in 2016.
The defendant provided bank transaction details to prove that his father borrowed 500,000 yuan from an outsider in 2014 to purchase the house in question, and the defendant repaid the debt several times.
The court held that the house involved in the case was purchased after the marriage registration of the parties, and the man's parents contributed to the purchase at the time of purchase, but there was no agreement on the ownership of the house, and it was registered in the names of both the plaintiff and the defendant during the marriage, and was jointly used by the parties during the period.
According to Article 29 of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family, if the parents contribute to the purchase of a house for both parties after they get married, it shall be handled in accordance with the agreement; Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the principles provided for in item 4 of paragraph 1 of article 1062 of the Civil Code.
Neither party in this case provided evidence to prove that there had been an agreement on the ownership of the house involved in the case, and the house should be recognized as the joint property of the husband and wife, and the plaintiff's claim for the division of the joint property during the marriage was established and should be supported.
The court comprehensively considered factors such as the capital contribution of the house purchase, the contribution of both parties to the house, the children being raised by the plaintiff, and the plaintiff's need to purchase another house for living, and in accordance with the judicial principle of taking into account the rights and interests of the children, the woman and the innocent party, it was more appropriate to give the plaintiff a discount of 30 yuan on the appraised price of the house involved in the case, that is, more than 160,000 yuan.
On March 6, 2023, the first-instance judgment was made that the disputed house belonged to the defendant, and the plaintiff assisted in handling the registration procedures for the change of property rights to the defendant's name, and the defendant was responsible for all taxes and other expenses incurred in handling the registration procedures for the change of property rights. The defendant paid the plaintiff more than 160,000 yuan in discounted value of the house. The case acceptance fee and appraisal fee are to be shared equally between the plaintiff and the defendant.