"On Tuesday" saw the judge's quartz solving marriage problem, "fake divorce" buying a house was really done by fake drama

Author:Changjiang Daily Time:2022.08.09

The Yangtze River Daily Da Wuhan client August 9th. The divorce purchased a second suit. As a result, the fake show was really done, the money was paid, the wife left, and the room was gone. From 9:30 am to 10:30 am on August 9th, the live broadcast column of the "Tuesday" of this newspaper (click on the blue word to enter the live broadcast room), the deputy president of the Wulongquan Court of Jiangxia District, Wuhan The interpretation of the case, for everyone to understand sensitive topics such as property division and confirmation of marriage relationships before marriage.

The picture shows the live broadcast site. Yangtao Daily reporter Yang Tao intern Yu Ke Ke more photographed

Automatically leave after divorce buying a house

Six years ago, the 27 -year -old Xiao Zhang married A Jing, one year old, and set a happy day on November 11. Four months after marriage, the two agreed to divorce. Three years later, Xiao Zhang brought Ajing to the court, claiming that the divorce of the two was false, and the "curve" to buy the second house is true. Before marriage, he had a real estate in his name. In order to pay less first payment and loan interest when buying the second suite after marriage, he decided to discuss with Ajing that the divorce was faked, and A Jing, who had no house in the name, bought her first house in his personal name, and then remarried.

On March 11, 2017, the two agreed to divorce. On May 11, Ajing bought a house in Tibetan Island in his personal name, with a total price of more than 1.14 million yuan, a down payment of more than 350,000 yuan, and a loan of 790,000 yuan. Before the divorce, Xiao Zhang gave A Jing the personal deposit of more than 200,000 yuan before marriage, and all the 10,000 yuan after marriage. After the divorce, the two still lived together for more than a year like before, during which Xiao Zhang transferred to Ajing more than 70,000 yuan for the down payment of house purchase and loan repayment. What Xiao Zhang didn't expect was that after the divorce, A Jing did not remarry as appointment, but lived with him. "People are gone, and the house cannot be gone. Before the divorce, we agreed to buy a house together, pay the down payment together, and repay the loan together. In the down payment, I issued more than 220,000 yuan, and she issued more than 130,000 yuan. Therefore, this house It should be confirmed according to this proportion. "

Regarding Xiao Zhang's allegations, A Jing refuted that the house was purchased by her personal purchase after divorce, which has nothing to do with Xiao Zhang. Xiao Zhang transferred her pre -marriage deposit to her voluntarily into her husband and wife's common property, because she had given Xiao Zhang 90,000 yuan before marriage. As for Xiao Zhang's monthly transfer after the divorce, it helps her life. The divorce agreement of the two has stated that the two parties have no debt and debt nor the division of property in marriage. Therefore, they did not have the intention of buying a house at all.

Seeing that Ajing mentioned that he gave him 90,000 yuan before his marriage, Xiao Zhang was not playing one place. Before the marriage, he gave Ajing's family more than 170,000 yuan in gift money. This 90,000 yuan was the return of A Jing's return.

Questions of the four major focus!

What is the relationship between the two parties after the divorce? Does the private agreement be counted as the joint intention of buying a house together? Calculating the transfer before divorce or the common property? Does Xiao Zhang have the right to divide the property and get compensation? During the live broadcast, the Vice President of the quartz, who had participated in the trial, disclosed that the trial was investigated around these four focus.

What is the relationship between the two parties after the "fake divorce"?

The court surveyed that before the divorce, Xiao Zhang transferred a large personal property before his marriage to A Jing. After the divorce, Xiao Zhang and A Jing were in a cohabitation relationship, and continued to transfer to Ajing. Therefore, the dispute of the cohabitation production relationship should be dealt with.

Is the private agreement be considered a co -owner to buy a house together?

The court confirmed from four aspects: From the perspective of the funds between the two parties, Xiao Zhang was transferred to Ajing more than 210,000 yuan in just 4 days before the divorce; after the divorce, Xiao Zhang accumulated another 70,000 to Ajing within a week Yuan. In the case of divorce between the two parties and clearly agreed that the two parties had no common property and debt -free debt, Xiao Zhang transferred more than 280,000 yuan to Ajing before and after the divorce. A Jing did not explain reasonably.

Judging from the source of funds for house purchase, before the down payment of the house, Xiao Zhang transferred more than 220,000 yuan to Ajing. Ajing neither submitted the evidence to prove the whereabouts of these money, nor did it not submit the evidence to prove that the house's down payment involved Other sources of funds; About monthly loans, from the beginning of the house involved in the house repayment of the loan, Xiao Zhang's average monthly transfer to Ajing 4,479 yuan, which is close to the monthly loan amount of the house involved. The small Zhang Zhang is not in accordance with the common sense of his life and does not accept it.

Judging from the actual living situation of the two parties after the divorce, the two parties lived together for a year and a half after the divorce, which was not in line with common sense.

Judging from the witness testimony, Xiao Zhang and Ajing were divorced to buy a second house.

In summary, the evidence submitted by Xiao Zhang is sufficient to prove that the divorce of the two parties is to buy a house, that is, the two parties have the intention of buying the house involved in the case.

For Xiao Zhang's transfer payment before divorce or common property?

Because the exchanges between the two parties before marriage are due to marriage, it has nothing to do with this case, and Xiao Zhang's money given to Ajing's family is obviously more than A Jing's money to Xiao Zhang. 10,000 yuan, with Xiao Zhang's more than 210,000 yuan to her, divorce and agreed that there is no common property and the facts do not match the facts. The court does not accept the letter.

Does Xiao Zhang have the right to divide the property and get compensation?

According to Article 52 of the Contract Law, if there is one of the following circumstances, the contract is invalid: one party shall establish a contract in a means of fraud and coercion to harm national interests; maliciously collude, harm the interests of the country, collective or third party; in a legal form, Cover the illegal purposes; harm social public interests; and violate the mandatory provisions of laws and administrative regulations.

In this case, in order to reduce the pressure of 50%down payment for the second house, Xiao Zhang and A Jing adopted the way to avoid the local real estate purchase and loan restriction policy after divorce, and harmed the public interests of social real estate.The intention, but the civil legal behavior of joint house purchase was invalid. Therefore, Xiao Zhang advocated that according to the investment ratio to divide the requirements of the house involved in the case, the lack of legal basis, the court did not support it.The court trial found that from February 2017 to September 2018, Xiao Zhang transferred more than 280,000 yuan to Ajing, deducting more than 10,000 yuan in common property in marriage.Zhang paid more than 260,000 yuan, and A Jing should be refunded.The civil legal behavior of the two parties purchased by the house is invalid, and both parties have fault for this. Therefore, the court advocated more than 260,000 yuan, and the court did not support it.

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(Changjiang Daily reporter Chen Yong correspondent Li Jinxing Yang Rui)