这是一个真实的案例。男方在婚姻关系存续期间全款买了房子,但房产证上只有女方一人的名字,现在男方想让女方把自己的名字加入房产证,女方不同意。现在双方感情破裂,准备离婚,离婚的话这套房子应该归谁呢?
This is a real case, The man paid for the house in full after his marriage, but only the spouse's name on the property certificate, now the man wants the his spouse to add his name to the property certificate, the wife does not agree. Now the relationship between the couple is broken, and they ready to divorce, then this house should belong to whom?
根据《民法典》1078条规定,离婚财产由双方协议处理,协议处理不成的,由人民法院根据财产的具体情况,按照照顾子女、女方和无过错方权益的原则判决。
According to Article 1078 of the Civil Code, the property shall be disposed of by mutual agreement upon divorce. If the agreement can’t be dealt, the people's court shall, in light of the specific state of the property and in accordance with the principles of caring for the rights and interests of the children, the wife and the no-faulty party.
在婚姻关系存续期间购买的房子,仅仅登记了女方一个人的名字,仍应认定为夫妻共同财产,除非双方另有约定的除外。因此这套房子应该属于夫妻共同财产,离婚时男女双方均有权要求对房屋进行分割。
A house purchased during the marriage in which only the name of the wife is registered shall be deemed to be the community property of the couple unless otherwise agreed by the parties. The house should therefore be community property, and both parties have the right to have it divided upon divorce.
另外延伸一下,如果夫妻婚姻存续期间,男方以个人财产购买房子,房产证也仅仅登记女方名字但夫妻双方约定房产是双方共有的,该房子应认定为夫妻共同财产。
In addition, if the the man buy a house with personal property during marriage, property certificate is only registered the name of the wife but the couple agreed that the property shared by both sides, the house should be identified as community property of the couple.
如果房子由夫妻双方父母出资,不动产权证书上仅有女方名字的,房子可认定为双方父母按照各自的出资份额按份共有,但当事人另有约定的除外,你明白了吗?
If the house is funded by the parents of both husband and wife, only the name of the wife on the property certificate, the house can be identified as both parents in accordance with their respective share of contributions by share, Unless otherwise agreed by both parties,
Do you understand?