Can the real estate be given to the children after divorce?The court sentence

After the parents divorce, they will be transferred to the child together, but it is agreed that one party can live permanently. Can such an agreement be registered for residential rights? Recently, the Guangzhou Yuexiu Court tried such a case about residential rights.

After the divorce, the real estate presented her daughter, but agreed that my father could live to the end

Mr. Wang and Ms. Pan got married in 2003 and had a daughter little king after marriage. In 2015, the two divorced due to emotional disagreement and agreement. The "Divorce Agreement" stipulated that the two parties were willing to transfer the property rights of a certain property to the daughter Xiao Wang. After the divorce, the property was transferred to the daughter's name. Still living rights, residence to the end.

After the divorce, Mr. Wang still lived in the house involved in the house, until 2017 voluntarily moved away from the house involved. Later, Mr. Wang found that the house was replaced by Ms. Pan with an electronic password lock, and he was unwilling to inform the password, which caused him not to use the house.

Mr. Wang then filed a lawsuit to the court, asking for confirmation of the residence of the house involved; Ms. Pan and Xiao Wang delivered the house key and the electronic entry password that could be used for a long time, and asked Ms. Pan and Xiao Wang to assist in cooperating with her real estate registration management management The department shall handle the residence registration of the house involved.

Ms. Pan and Xiao Wang replied that Mr. Wang did not agree with Mr. Wang's claim. When the "Divorce Agreement" was signed, only Mr. Wang had the right to residential, and did not agree to register for the residential right. The residence right was the provision of the Civil Code. There is no law to trace back. And think that Mr. Wang is voluntarily moved away from the house because of the remarriage restructuring family, and it should be regarded as its right to abandon the residence of the house.

The court found that Ms. Pan had sued Mr. Wang in 2019 and asked Mr. Wang to perform the content of the "Divorce Agreement" to assist him in the transfer of all the property rights involved in the case into the name of Xiao Wang. During the trial of the case, Ms. Pan and Xiao Wang jointly stated that due to the completion of the divorce procedures, they have the conditions to give the property to Xiao Wang. Living, Mr. Wang and Ms. Pan should perform the gift.

The case was judged to be owned by the house ownership involved in the case. Later, the ownership of the house was registered under the name of Xiao Wang. In the civil judgment of the case, "the behavior of the divorce reasons for divorce the divorce reasons to the common property of the husband and wife to the children can be regarded as a gift with a divorce condition." The man still has the right to residential and lives to the end. "The agreement should also be regarded as another condition attached to the gift behavior. The defendant Xiao Wang as the gift of the gift clearly knew that the house involved was a gift with conditions and should be subject to this condition.

To this end, the courts in accordance with Article 7 of the People's Republic of China Article 7, Article 366, and Article 661, and the "Supreme People's Court on the Application of the Laboratory of the People's Republic of China" 》 The provisions of Article 3, paragraph 3, and 3, confirm that the plaintiff Mr. Wang enjoys the right to residentially in the house involved; The residential rights registration procedures on the day of the residence;

Judge said: Civil litigation should follow the principle of integrity

Judge Liang Zhiming of the Yuexiu Court pointed out that the "People's Republic of China", which was implemented on January 1, 2021, created the right to use the right to residential rights in the property editor and specifically stipulated it.

Although the residential rights agreement involved in the case was formed before the implementation of the Code, the agreement continued to the implementation of the "Supreme People's Court on the Supreme People's Court on the Application of the" Play of the People's Republic of China "with time validity": Article 3: "Civil disputes caused by the legal facts before the implementation of the Civil Code. If the legal and judicial interpretation at the time did not specify the provisions of the civil code, it could apply the provisions of the Civil Code, but the legal rights and interests of the parties were significantly reduced, the legal obligations of the parties were increased, or the parties deviated from the parties. Except for reasonable expectations, "therefore, Mr. Wang advocated the application of the relevant provisions of the residential rights in the" Code of the People's Republic of China "in this case to handle the residence registration registration, which is in line with the law.

Ms. Pan has agreed to Mr. Wang's residence rights in the divorce agreement, and her and Xiao Wang have also stated in the lawsuit of another case that "Mr. Wang's right to live in is not affected, and he can go home at any time." Civil lawsuits should follow the principles of integrity. People should be responsible for their words in civil lawsuits, and they must not make words or behaviors that negate in pronunciation at will, that is, the principle of "prohibition" in civil lawsuits. Loyalty to the facts, integrity lawsuits are the best ways to safeguard their legitimate interests.

Text/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Correspondent: Liang Yanhua Tu/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Guangzhou Daily · Xinhuacheng Editor: Lin Jing

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