The woman thanked her boyfriend for buying her first apartment.But netizens warn to be careful…The lawyer voice
Recently, a woman posted that she was very moved and grateful for her boyfriend’s contribution to buy a house in her name. Some netizens reminded the woman that whoever contributed to the house before marriage belongs to him.The cause of the incident was revealed on A Weibo account posted by an Internet user on Feb 7, when a woman posted a purchase contract stating that her boyfriend paid to buy a house in hangzhou in her name before the Spring Festival in 2022.”A year ago, my boyfriend asked his parents to buy a house before marriage, so that I could be the first house and there would be less pressure.”She felt happy, moved and grateful for it.There are different opinions on the ownership of the house. Some netizens say that the house written in the woman’s name does not mean that the ownership belongs to the woman, because whoever contributes to the house before marriage has the ownership, so legally the house belongs to the man who pays for it.Another netizen warned women not to be fooled: “I just took up your first apartment, but I’m still moved here.””The woman is not eligible for the first house, and no house.”Lawyer wu Zhengping of Hubei Shouyi Law firm believes that the ownership of the house is related to whether the men and women are married and whether there is a prior agreement after marriage, and it is difficult to simply say which party belongs to.If a man buys a house in his wife’s name before marriage, if the two parties fail to register for marriage and dispute over the ownership of the property later, the legal issues involved are more complicated.Under normal circumstances, if the two sides can reach such mutual trust, the vast majority of it is to talk about marriage. Then, the man’s contribution to the house purchase in the name of the woman is actually a conditional gift behavior in law. The property has the nature of bride price, and the registration of marriage is the attached effective conditions.If the two parties fail to register their marriage, according to the Civil Code, the effective conditions attached to the gift contract are not fulfilled, the gift contract is not effective, and the woman should transfer the property to the man.However, the commercial house involved is not a common bride price. If the man buys a house in the woman’s name due to the restriction of the house purchase qualification, the court will consider it as a deliberate act of evading the house purchase policy and will not support the man’s claim for the house.Wu Zhengping lawyer also pointed out that if the two parties after marriage due to divorce dispute on the property rights of the house dispute, there is an agreement according to the written agreement, if the two parties have no agreement, the property in principle according to the woman’s premarital personal property.Who do you think this house should belong to?Welcome to leave a comment!Source: Guangzhou comprehensive popularization of law from jimu news, news, etc. Statement: reprint this article is for the purpose of passing more information, conducive to the popularization of law.If any source is wrong or infringes your legitimate rights and interests, please contact Qinghai Law Popularization with proof of ownership, we will correct and delete it in time, thank you.