The law of the case | The unilateral purchase of the house during the cohabitation period, who owned the property rights

During the time of cohabitation, the property rights of unilateral purchase of real estate

How should I determine it?

Is it a common property or a personal property?

Recently, the Court of West Lake District in Nanchang City tried a case of compatibility relationships and analysis of disputes. The court was not protected by the cohabitation relationship. The property purchased by unilateral purchases during the cohabitation period cannot be regarded as a common property on the grounds of common property. The setting property belongs to the defendant Bai's personal property. At the same time, the plaintiff Huang has been fighting the wealth management property for many years and from the perspective of protecting women. The defendant Bai will pay the plaintiff Huang to compensate 20,000 yuan.

Basic case

The court found that Huang (female) and Bai (male) met in 2004 and lived together until January 2020. During the cohabitation period, the wages of the two parties were kept in use. In April 2006, Bai sold its own set of own real estate and increased the price of more than 15,000 yuan to purchase a house located in Honggutan New District, Nanchang City. Rent and maintenance. Later, Bai Mou purchased a set of real estate through loans in 2020 for self -occupation, and property registration information was owned by Bai. At present, Huang Mou has formed a husband and wife relationship with Bai for 15 years, and demanded a total of 1.3825 million yuan in the value -added part of the above two sets of rental real estate and a set of self -housing property.

Court decision

The court held that the original defendant had lived together for 15 years, but did not go through the procedures for marriage registration, and did not form a legal relationship between husband and wife. During the cohabitation of the two sides, the economy was independent. Because cohabitation relationships are not protected by law, the property purchased by unilateral purchases during the cohabitation period cannot be regarded as a common property of husband and wife. The two sets of rental real estate under Bai Mou and a set of self -housing production are owned by the defendant Bai, and the plaintiff Huang has no evidence to prove that there is a funding situation. Focusing in the proportion of the property, no support is given. Taking a comprehensive consideration, when Huang lived with Bai, he helped Bai to take care of the real estate for many years to obtain the return.

Based on this, the court made the above verdict in accordance with the law.

Add property during the cohabitation period

It should not be simply identified as common

After the judge court, from the perspective of the provisions of current laws, regulations and related judicial interpretations, non -marriage co -living relationships do not have legal effect, and there are many differences between cohabitation relationships and marriage relationships. Except for the agreement, during the duration of marriage, the income of either husband and wife is the common property of the husband and wife, and the property of the two parties during the cohabitation period is relatively independent and cannot be directly presided over to the common ownership. At the same time, the husband and wife are the legal heirs of the first sequence. They can inherit the heritage, the cohabitation relationship is not protected by the law, and there is no right to inherit the inheritance of the heritage.

Although cohabitation relationships are not protected by law, in order to protect the property relationship formed during the existence of cohabitation relations, the law has set up the method of property division of the property relationship. "Several Opinions of the Supreme People's Court on the Cases of Commoning Life in the Military and Wife Life Life Cases in the Name of the People's Court of the People's Court" stipulates that the income and purchase of the income and purchase of the two parties during the cohabitation life shall be treated according to the general property. Before living together, one party voluntarily presented the property to the other party to handle the relationship. The Civil Code stipulates that the property obtained during the cohabitation shall be dealt with by the parties; if the agreement does not, the people's court shall be judged in accordance with the principle of taking care of the wrong party.

Therefore, the ownership of the ownership of the property added during the name of the husband and wife shall fully consider the economic relations between the two parties, the contribution to the common life, the role of the property, the time of cohabitation, and the public order and customs. It is determined that it is common, common or individual. Specifically, the basic principles of the two parties during the cohabitation period are:

First, the principle of priority is agreed. The law first respects the meaning of the parties, and it is given priority in accordance with the principle of autonomy, that is, if the parties to the property of the two parties have agreed on the ownership of the property during the cohabitation, it shall be handled according to the agreement.

Second, if there is no agreement, the principle of "who buys and who buys". The property income of common behavior during cohabitation, such as joint operating income, the property purchased together, and the intellectual achievements created by common creation, according to the general property treatment. During the time of cohabitation, the personal property of one party's salary bonus income, inheritance of property, production and operation income, and own real estate belongs to one party, and the other party has no right to request the division. If one party claims to be his personal property, it shall be liable for a certificate.

Third, the gift property belongs to all the principles of individuals. That is, during the cohabitation period, one party voluntarily presented the property to the other party, which can be dealt with comparable.

Fourth, take care of the interests of women and children. When dividing the property, fully take care of the interests of women and children, consider the actual situation of the property and the degree of fault of both parties, and properly divide. In addition, because there is no spouse's personal relationship between the parties to the cohabitation, there is no change in the right to personal nature due to cohabitation relationship. In other words, if one party is difficult during the cohabitation period, the other party does not need to negatively support the obligation; both parties who illegally live in each other do not enjoy the right to inherit each other.

In this case, the three real estate involved in the case are registered under the name of Bai, two of which are Bai's own real estate, and a set of Bai's own loan mortgage purchase during a cohabitation period.There is no evidence to prove that there is a capital contribution. According to the principle of "who buys and who is returned", Huang does not have the right to divide the value -added part of the three sets of real estate or divide the property in proportion.At the same time, starting from the principle of taking care of the interests of women and children, and considering that Huang has taken care of real estate for many years and obtained the income, the court will pay Huang Mou's compensation for 20,000 yuan as appropriate.Source: rule of law Daily, civil trial

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