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The old person is contributive buy a room to want to withhold good evidence with
From;    Author:Stand originally

An old man of 6 a period of ten days and son are collective and contributive buy a house, room property right is written in son under one's name, son and daughter-in-law agreement divorce after, daughter-in-law of deal out of room property right. The old person is sued ask for property right to be rejected by the court. The lawyer points out, old person contributive to oneself or borrow endowment buy a house with children, must withhold testimony, can stay otherwise have future trouble.

At the beginning of 2004, after magnify father of 62 years old sells house of his two private property, added 110 thousand yuan to purchase one place bridal chamber again. Because the old person cannot borrow money, keep person of building property right in son under one's name, borrow money to the bank by the son 55000 yuan. By of the same age, son and daughter-in-law agreement divorce, according to consultative provision, this house property is attributive the daughter-in-law is all. Magnify father suffers with living authority with building property right invade for, sue a court to ask to sentence make person of this building property right return oneself is all.

After the court is tried, think, " building droit card " it is the legal evidence that building right belongs to. Person of building property right and contributive person are two different ideas, although magnify father can prove its are the contributive person that purchases a building, the son that also cannot replace him according to this makes building property person, reason basis " code of civil law " the appeal that the regulation rejects magnify to a form of a address for an official or rich man.

Representative the analysis of Sun Zhenfa's lawyer of this case says, the old person loses a lawsuit advocate because be he was not withheld collective and as contributive as the son the evidence that buys a house, also did not make clear oneself to be the mutual person of house property.

Sun Zhenfa's lawyer reminds old people: Contributive or borrow endowment there should be evidential consciousness when buying a house with children. Participate in contributive the person should share him to register as house property when buying a house go up in card of property right agree; Or conclude written and contributive agreement, oneself are made clear to have the right in the agreement; Or conclude with children live provide for, mutually, for a long time wait for the donative agreement that attachs a condition, will buy house fund again after that donative children. If borrow endowment side children to buy a house, want to issue loan certificate by filial spouse. Such, if produce issue, ability ensures legitimate rights and interests is not damaged kill.



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