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[introduction] case

Before Mr. Zhang and married a man bought a set of second-hand housing, in courtship they didn't care about 1629, at the same time, Mr. Zhang will girlfriend Ms. Whitty in property registration certificate for the common people. In 2010 two people go through the marriage registration.

After marriage, two people often because of trivial quarrel, with the passage of time, the contradiction between two people is more and more big, final two people decided to divorce, property division two people at odds.

Mr Zhang thinks to buy their own housing, should belong to the individual property. But Ms. Whitty evidence that the property is the names of these two men, should be the joint property of husband and wife.

Finally, Ms. Whitty prosecution to the court request the lifting of the relationship between husband and wife, and the real estate fair division.

[] legal analysis

This problem relates to the marriage party funded the purchase, registration of property rights in the name should be the issue of how to identify?

1, according to the relevant provisions of the law, property registration certificate is the name of both sides, and with no contribution when the purchase of the property, should be identified as community all.

2, the total termination of the relationship, the property division, there is agreement in accordance with the agreement, no agreement should be taken into account, there are people on the contribution of common property, reasonably determine the investor's share is not, generally 10% to 30% share is appropriate.

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[legal]

"The Shanghai Higher People's Court on the problems of marriage and family disputes." thirteenth

One of the spouses before funding the purchase of housing, the right is registered in the name, both husband and wife common property. If not agreed by shares, that are common, but in the divorce of the property, funded party can be more appropriate points.

"The Shanghai Higher People's Court on Several Issues concerning the trial of cases" fifth views of the household division

Analysis of never the perspective of registered real estate, housing has been identified as the love of the common. Both parties terminate the relationship after a division of property, in accordance with the major reason to partition. The total termination of the relationship, the property division, agreement by agreement; no agreement should be taken into account, there are people on the contribution of common property, to take proper care of the actual needs of production, there are people living conditions, to determine a reasonable not investor share, general with 10% to the share of 30% is appropriate.

"Marriage law" article nineteenth

Husband and wife can agree the property obtained during the existence of marriage and premarital property to all, common to all or part of their all, some common to all. The agreement shall be made in written form. No agreement or the agreement is not clear, this Law shall apply to Article seventeenth, article eighteenth.

Agreement obtained during the existence of marriage and the property of premarital property, is binding on both parties.

Obtained during the existence of marriage agree to their property of all, either the husband or wife foreign debt, known to the third of the agreement, property binding on either the husband or wife is all.

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