For real property right belongs to the impact of marriage

Real estate as a basic guarantee of marriage and family relations, is the husband and wife both attach great importance to the property. Property not only become the main contradiction focus for parties in divorce proceedings, but also become the cause of the breakdown of marriage. For example, one party registration requirements in their houses with their own name, as a so-called security of marriage, the other party does not agree, the two sides have contradictions and crack, may eventually lead to the breakdown of marriage.

[case]

Ms. Ma and Mr Lau married five years, have a daughter. Ms. Ma premarital buy affordable housing set, during the marriage, Mr. Liu repeatedly asked Ms. Ma and his name in their marriage to buy housing property permits. Ms. Ma did not agree, Mr. Liu will take this long not to go home. The feelings of both sides increasingly indifferent. Ms. Ma went to court for a divorce and Mr. liu. Mr. Liu said does not agree to divorce, the two sides did not contradictory, because real estate, as long as the horse lady agreed to add your name in their marriage to buy housing property permits, is 1/6 or 1/10, or, as long as his right to property, he agreed to go home. The court trial think, so the conflict between husband and wife, not affection degree, and the defendant does not agree to divorce, the court rejected the plaintiff's claim.

Worse for heritage brothers and sisters

In the housing value is lower, the heir to the legacy does not have great differences, the real estate competition is not fierce, inheritance cases to mediation. But as prices rise, will bring real estate economic value increase, a great temptation, the heir to the property. Investigation shows, in the inherited property in the property inheritance disputes, nine into above be inherited for target is real estate, the largest real estate disputes. And as a heritage property value inheritance, the people are often unable to reach an agreement, need to start the identification procedure, resulting in succession dispute, mediation rate is low, long duration of trial.

[case]

Mr. Zhang and Ms. Liang has remarried, Mr. Zhang had three children before remarriage, have adult. She has two sons before remarriage, the younger son has not yet adult, has been living with them. After Mr. Zhang and Ms. Liang died, leaving Mr. Zhang name property a. Three name will MS Liang Zhang's two sons to the court, asked Mr. Zhang's house all three plaintiffs. In the hearing, submit a copy of her so-called will her little son, as Mr. Zhang had oral said to put yourself on the housing share to her little son, Ms Leung also agreed to put his share to his little son. But the will is one made by other persons, and no her signature, only one. The court asked, will the Scrivener and witness the per capita can't remember whether Ms Liang fingerprint. After three the plaintiff to apply for housing price evaluation. After the trial, the court did not recognize her true will, according to the statutory succession. And in accordance with each heir by how much share of property, housing ownership to the youngest son, the other heirs according to their share obtain corresponding fangjiekuan.

Because of the property of unfair distribution of intensified conflicts between parents and children

Is the obligations and responsibilities of each child should support their parents. But in reality, because real estate is the material basis of family life, especially in families with many children, parents are the unfair phenomenon in the use and distribution of their own a set of one or more sets of property, not to lead or not used to house children parents, have complain even resentful of the parents, resulting in not parents, not duty. What is more, many years of dead parents, be careless with. Parents are helpless, send their children to the court, asked the children to do basic maintenance and visit obligations.

[case]

The 67 year old granny Liu had two sons. The original demolition cottages, Ms Liu took two sets of two bedroom. Ms Liu their live set, let the son of a family of three live in a. Little son dissatisfaction, as long as five years to Ms Liu indifferent. Ms Liu repeatedly to the son call, also can not contact the younger son. In desperation, had to sue to the court, asked the little son of its duty, pay a monthly maintenance fee 300 yuan. In the trial, pediatric son said, mother live in a suite, a suite son, he can only father and squeeze in less than 40 square meters of the small house. When the mother ask her to do the signature, forced to abandon its right. So the mother very dissatisfied with the practice, so in five years time and no mother contact. Ms Liu says, the prosecution did not want the little son money, is to see the young son, hope small son to have her home have a look. The court after the trial, the defendant was ordered to monthly payment liulaotai alimony of 200 yuan.

Due to price increases caused disputes among relatives

The relatives of people buy and sell this kind of large sum transactions in the housing, a lot of the time and trust based on kinship, often not signed housing sale and purchase agreement in writing, in the housing price also has a certain concessions. The purchase of a party is often only to the other party to pay 1629, was admitted, but not for housing property transfer procedures. Due to the rapid rise in prices, driven by the huge economic interests based on, after a few years, real people back, sued each other room or increase the price, buy a house people counterclaim demands continued performance of such housing sales contracts and assist in the housing transfer procedures.

Because no initial most transactions written housing sale and purchase agreement, the court in such cases, the findings of fact causes certain difficulty.

[case]

Wang is a staff of state organs, units from the purchase of the house. Wang and Hao Mou is now a kinship, Hao Wang to court, asked Wang will be involved in the transfer of housing to its name. Hao said: I am in 2003 August from the king to buy the house somewhere, the agreed price for 100000 yuan. Because Wang Mou is Hao a cousin, so there is no signed housing contracts of sale. The house is a sub units of the housing, Wang said that house property card in the pre retirement will be able to run down property permits, and so run down, give Hao Mou for transfer procedures. The two sides have reached an agreement, Hao Mou to Wang Mou to the purchase of 80000 yuan, the remaining 20000 yuan agreed to end transfer procedures after the payment. 2003 October to date, Hao Mou has been involved in housing residence. Wang retired, housing ownership certificates have been made, so ask Mr. Wang to help handle the transfer procedures. In the lawsuit, Wang said: I have never and Hao MOU signed housing contracts of sale, the two sides did not sale contract. Is a ready to marry Hao Hao, a mother is my aunt told me to let me put the house lent Hao residential, because I told my aunt have deep feelings, so agreed to her request. I was involved in housing to live Wang, is also good intentions to help him.

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