1 I bought a house and a car during my love and wanted to get the same property back after breaking up.
Xiaowen (pseudonym) and her boyfriend Xiaowen (pseudonym) have been together for five years. Although we have always had a good relationship, Xiaowen always wanted to divorce her boyfriend because he knew that his boyfriend didn't value his family. Xiaowen told the reporter that around April of 20 13, he went to his girlfriend's house and took the down payment for the two of them to buy a real estate in Changsha, including mortgage to buy a house and the cost of buying a car. Later, Xiaowen also remitted a sum of money to her boyfriend to buy a house and a car, and bought herself an off-road vehicle worth 6.5438+0.5 million yuan. However, it didn't take long for Xiaowen to find that her boyfriend had never come home while working in other places, and they broke up again on 2065438+2004 1 because of trivial matters in life.
Girlfriends require the same consumption during their love.
Lawyers believe that the large amount of consumption paid by the man for the woman during the love period belongs to the same property in nature. However, in specific cases, there are also huge amounts of money spent by both parties in the love relationship, and there is no relevant evidence in law to prove that this part of the money belongs to the nature of mutual spending or consumption. Therefore, during the period of love, * * * the same expenditure or * * the same amount of expenditure is an important basis for the law to identify * * * the same property.
After the girlfriend asked for a refund of 6,543,800 yuan, the woman did not agree.
In court, Xiaowen presented the agreement signed by Wang and the certificate issued by Wang. Xiaowen said that during his love, Wang transferred money to himself many times, ranging from 50,000 yuan to 654.38+ 10,000 yuan. "Wang has transferred money to me many times in the past five years, all for the needs of my life and that of the Wangs." Xiaowen said that he could not accept Wang's deception.
When the two sides broke up, Xiaowen could not continue to ask for the division of each other's property.
For Xiaowen's prosecution, Xiaowen did not provide evidence at the first time, which led to the fact that the evidence could not be used as strong evidence for Xiaowen to continue to demand division of property. Finally, the court made a judgment according to the actual situation of this case: the loan during the period of love belongs to the house purchased by one party during the period of love; The other party bought a car during love; Other expenses incurred during their love. After the judgment, the judgment has come into effect. "The down payment paid after selling the house during the love period can be directly requested to be returned." Zhang Hao, a joint lawyer of Hunan Wanhe, said. The judge reminded that the large amount of debts incurred during the period of love should consider whether it has the nature of borrowing, whether it is guaranteed, and whether there is a cohabitation relationship between the two parties. For other consumption behaviors, we should judge them according to the specific situation.