do not intend to sell

Wife without telling her husband, after secretly sell the property, the husband to the wife the right to matrimonial property will be dealt with separately by the wife and home buyers to court to demand the return of real estate. Fengtai court civil court hearing more than a similar series of recent cases,, which mostly go back after the houses,woolrich outlet, and the design of the "discussion room count."

Sellers husband wife complain

The plaintiff and the defendant Wang chai is the couple,moncler, married a mortgage loan to buy a home in Fengtai District,abercrombie france boutique, jointly repay the loan by two. According chai introduced in June of this year, his wife telling him she had got the house sold. Upon learning of the situation, chai objected immediately,hogan interactive, but his wife did not agree. Chai think his wife without his own consent unauthorized sale of jointly owned property,nike tn,, a violation of his legal rights, so the wife and she had got together buyers reported to the court to require the return of houses.

In the course of the trial court found that the department of housing real estate license only registered Wang's name, but she had got home buyers through an intermediary purchase contract signed at the time of purchase, the owner of the house did not know she had got two individuals, while Ms. Wang did not say she and chai are husband and wife. Ms. Zhou has paid the associated costs. Based on real estate publicity,hogan, public trust principles, the Court finds that the purchase contract is valid, dismissed the request of her husband chai.

Soaring prices cause frequent cases

Warren Liu Hua, director of law firm said that with the Beijing housing prices soaring, people think prices soared to sell early,, sell loss. This is similar to the number of real estate disputes have been on the rise. Both husband and wife partnership setup,woolrich outlet roma, or did not know,, in the face of the new "Property Law", are difficult to overthrow the legitimate purchase contract.

In his view, the purchase of second-hand housing, buyers as long as three conditions, it basically can buy. First, the transaction price is reasonable, does not significantly lower than the market price; the second is not malicious collusion harm the interests of third parties; third,moncler donna, housing property registration and transfer procedures have been completed. Courts generally will be based on the principle of protecting the interests of legitimate bona fide third parties,piumini woolrich,, finds the contract valid.

"Now the house registration will often only register a name, but can not prove whether the property is a matrimonial property." He said that in the sale, as long as people do not say the houses, others difficult to prove the sale has been recognized spouse,, so it creates a loophole that many people can use it for litigation.

Our reporter Liu Jie correspondent snow

Related Case

Father and son set up to discuss the Housing Bureau

In 2002, Zhao Gang (a pseudonym) father will be located near the door of peace to move back to the property rights Gang name,, in 2004,, the house was sold to Wang Qiang Zhao Gang (a pseudonym),chaussure tn pas cher, Wang Qiang pay the full purchase money of more than $ 500,000. Soon,giubbotti moncler donna, Wang Gang's behalf for the admission, but was unable to handle the property transfer procedures.

2007,woolrich milano, prices rose sharply, the Gang's parents, sister, Zhao Gang's niece five forthwith Zhao Gang and Wang Qiang court. City Court of Final Appeal ruling confirmed that the behavior of the effective sale of housing. After that, Zhao Gang and his son came up with another "trick" - Manufacturing son does not support the "action." Zhao father to son maintenance obligations entirely sued Zhao Gang, ask for the return of his original gift move back room. In the trial, the two signed a mediation agreement,moncler piumini, Zhao Gang father to mediation as a basis,hogan, for a housing transfer procedures to obtain a real estate license. Zhao and his son for mediation,nike tn pas cher, Wang Qiang to City Court retrial. After mediation, all the houses owned by Wang Qiang, Wang Gang father to pay financial compensation 120,000 yuan.

Related news

Individual hand housing transaction intermediary breach rate of nearly 10%

(Reporter Liu Yuxin) in November, the city's second-hand housing online contract reached a record 31,288 units, the secondary housing market of high-quality housing more tight. Reporter yesterday learned from a number of second-hand housing agency, with the second-hand housing turnover rise,moncler online outlet, for the sake of the greater good, homeowners temporary shill,nike tn pas cher france, breach of contract and other phenomena not sell transaction contrary to the principles of the market showed upward trend, individual agency second-hand housing transactions in the last month or even breach rate approaching 10%.

I love my family,louboutin, Beijing Zhongyuan market participants, the current situation of default temporary owners are mainly two: The first is that their owners and buyers in advance that a good price is lower than the current market price, the requirements increase; the second is owners that their houses have a greater appreciation of space, do not intend to sell, waiting for the house to continue to appreciate.

I love my family holding company of Justice Statistics,piumino moncler outlet, the owners accepted the breach of contract in November the number of cases rose by nearly 40%. Some owners face breach of contract spur of the moment, I love my family laws Service said that the owners will bear the responsibility for breach of contract. Breach of contract after the signing of the contract of sale, the owners want to change the sale price, if the buyer does not agree, then the buyer can sue the owners to acquire the relevant evidence prices, once the owners lost, the owners need to be no breach of the party in the contract that the buyer compensation described Gold (I love my family is defined as 10% of the contract amount) or when the buyer and seller to purchase a custom double the amount of the deposit to be returned, the two methods of compensation for breach of contract by one party that no buyer selection, in most cases the buyer will choose the high compensation The way to get compensation.

If you have been charged before the buyer after the purchase deposit, signed a contract for the sale, the owners require to improve the sale price,nike tn pas cher, then the buyer can grasp the relevant price after the owners of evidence to prosecute owners, the buyer need to pay double the deposit. From the point of view of contract law, as long as the buyer usually mastered evidence to prosecute owners of the relevant breach of contract, the general law is more protective of the interests of the buyer.