Legal analysis: Generally speaking, buying a house by fake divorce is not illegal, but it may face some adverse consequences. Considering that the divorce is to avoid the purchase restriction policy, there should be a premise that one of the husband and wife owns one or more properties. Therefore, after the divorce of both parties, if the party without real estate purchases real estate again, the registered owner can only be one person, and the other party cannot be the owner of * * * *, that is, the real estate license is in the name of the party handling the purchase. If the two parties go to court because of a dispute over this property afterwards, it is obvious that the registered owner of the property is in a favorable position for the ownership of the property. If the other party fails to provide sufficient evidence to prove that it is the actual investor or co-investor, or the court investigates and verifies the background of the "fake divorce" between the two parties and decides that the property is still owned by both parties, the other party who is not the registered owner is likely to bear adverse consequences. In addition, buying a house by fake divorce is also a loophole in the national policy. Under normal circumstances, it is difficult to find out, so the responsibility will not be investigated. But fake divorce has great hidden dangers, and many of them have come true. Even if they still live together after remarriage or divorce, they will be held accountable after investigation, that is, the second suite discount will be cancelled and certain economic penalties will be given.
Legal basis: Article 1062 of the Civil Code, the following property acquired by husband and wife during the marriage relationship is the common property of husband and wife and belongs to both husband and wife:
(1) Wages, bonuses and remuneration for labor services;
(2) Income from production, operation and investment;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;
(five) other property that should be owned by * * *.
Husband and wife have equal rights to dispose of the same property.
Article 1063 of the Civil Code stipulates that the following property is the personal property of one spouse:
(1) one party's premarital property;
(2) Compensation or compensation obtained by one party for personal injury;
(3) Property that is determined to belong to only one party in the will or gift contract;
(4) Daily necessities used exclusively by one party;
(five) other property that should be owned by one party.
Article 1076 of the Civil Code: If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.
The divorce agreement shall specify the expression of the will of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt disposal.