How do couples split up when they break up?
4hw.org: we have been used to the problem of divorcing couples and dividing their houses. The law also clearly distinguishes the difference between pre marriage and post marriage. However, after the couples buy houses together, how to divide them after they break up? Let's take a look at the case together!
In 2015, Xiaowu and his girlfriend saved more than 40000 yuan and chose a house in Hunnan New District of Shenyang City. At that time, they applied for commercial loans. On the purchase contract, Xiaowu and his girlfriend were both the owners.
The suite Xiao Wu and his girlfriend bought belongs to down payment by installment. After purchasing the house for four consecutive years, the annual return is 35000 yuan, and the rest of the housing funds are loans, with a total of 320000 yuan. (this article is edited and collated by sihai.com, reprinted and noted with source, original link: http://www.4hw.com.cn/life/)
The two jointly made commercial loans in the bank, which were paid off in 30 years and paid back 1700 yuan per month. Xiao Wu and his girlfriend paid more than 20000 yuan with their savings at that time and bought the house. However, the good times didn't last long. At the end of 2015, Xiao Wu's girlfriend went back to her hometown of Hebei Province and broke up.
The two have a total of 40000 deposits, 20000 of which have paid down the house, leaving 20000. Xiao Wu himself said that at that time, the two reached an oral agreement that the house should be returned to Xiao Wu, and 20000 yuan of savings should be returned to the woman, but all this was not written down.
After the break-up, Xiao Wu and his girlfriend did not contact again. He said he continued to repay the house loan every month, and paid two installments of 35000 yuan down payment and 4000 yuan maintenance fund. Looking at the house to be handed over at the end of November this year, Xiao Wu thought that the house was still the same name as his girlfriend, so he wanted to change the house to his own name, which made him never expect that his girlfriend refused Xiao Wu's request, and also made Xiao Wu black. (this article is edited and collated by sihai.com, reprinted and noted with source, original link: http://www.4hw.com.cn/life/)
Now, the house record contract and the bank loan are both the names of the two people. The loan has not been paid off, and the ex girlfriend is far away in Hebei, which makes Xiao Wu very headache. What can I do?
The reporter tried to contact Xiao Wu's ex girlfriend's mother. The other side said that he didn't know everything, and then hung up. The attitude of his ex girlfriend's family is a headache for Xiao Wu.
Question 1: the house loan has been paid for more than two years. Can the house be changed to its own name?
As Xiaowu's real estate is now in the state of bank mortgage, if Xiaowu wants to change the property owner, he must pay off all the loans, then redeem the purchase contract for cancellation, and then make such a real estate change. This also needs his ex girlfriend to cooperate.
Xiao Wu said that he was not able to repay all the loans at present, while the bank said that the loan relationship was between Xiao Wu and his ex girlfriend and could not be changed to one person. Lawyer said that at present the best way is for Xiao Wu to go to Hebei and find his ex girlfriend to settle the matter through consultation, so as to carry out "creditor's Rights Justice".
If Xiao Wu's girlfriend refuses to cooperate, then Xiao Wu has to sue through the court.
Question 2: if a girlfriend wants to fight for real estate, will she fight for it with her own efforts and give half of the house to her girlfriend? (this article is compiled by sihai.com and reprinted with the source. The original link: http://www.4hw.com.cn/life/)
Xiaowu's and his girlfriend's share by share is actually the share by share down payment, so the follow-up loan repayment money, including the money to continue to repay the loan, is Xiaowu's, the largest part of the property is Xiaowu's, his girlfriend's share is only a small part, and the impact on him is that the price fluctuation may have an impact.
remind
Couple loan to buy a house
What should we pay attention to in law?
A written agreement should have
Before marriage, it is necessary for couples to sign an agreement to buy a house together. Before the husband and wife relationship is determined, both parties can sign an agreement to confirm the source of the purchase money, their respective investment and even the proportion of the property. A written agreement, which contains the objective facts and the agreement on rights and obligations of both parties, can find evidence to prove in time in case of disputes, and can also avoid more serious disputes in the future. (this article is edited and collated by sihai.com, reprinted and noted with source, original link: http://www.4hw.com.cn/life/)
Clarify specific rights and obligations
At present, the bank has to be very strict in the approval of mortgage for personal purchase loans. When an unmarried couple buys a house with a loan, if one party has a bad record, such as being unable to repay the credit card, it is not allowed to handle the loan.
In the actual operation process, if the loan buyer and the buyer are in a non spousal relationship, they should sign an agreement to clarify the loan rights and obligations of both parties. In addition, one party still needs to take responsibility for the bank. If the relationship is not good enough in the future, the loan party will have to bear the huge 'foreign debt' alone.
It's very important to sign the house purchase contract
According to the marriage law, pre marital property is owned by each other and not converted into joint property of husband and wife due to the continuation of the marriage relationship, unless otherwise agreed. (this article is edited and collated by sihai.com, reprinted and noted with source, original link: http://www.4hw.com.cn/life/)
If both parties pay money and only one party's name for the real estate purchased before marriage, and the other party is embarrassed or afraid to affect the feelings of two people, but fails to embody all the rights of the house in the purchase contract, real estate certificate or relevant documents, once facing the division of the real estate in the future, there will inevitably be a dispute, and this party will be in an unfavorable position where the rights and interests are easy to be infringed 。 In practice, the name is written on the purchase contract, which can ensure the registration of the real estate certificate.
When buying a house, whether it is a new house or a second-hand house, both parties can agree on the proportion of the house in advance. After the property rights are divided by shares in advance, both parties can enjoy the rights or undertake the obligations to the shared property according to their respective shares, which is not easy to generate disputes.