Because before the legalization of illegal buildings, the “ownership” of the parties is only the de facto ownership, not the legal “ownership”.
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The use value of the house is 35000 yuan.
However, before the parties request division, the house cannot be registered and obtain the ownership certificate, which shall not be supported.
Mo Limei divorce dispute case [case]: after the plaintiff Huang Shangli met the defendant Mo Limei, they lived together in the name of husband and wife in January 2001.
Therefore, the plaintiff sued to the court and requested the judgment to allow the plaintiff and the defendant to divorce.
[defense opinion]: the plaintiff claimed that the plaintiff and the defendant lived together in the name of husband and wife soon after they knew each other.
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The third opinion holds that the reason why illegal buildings are illegal is that the builders have not obtained the construction project planning permit and other approval documents.
During the duration of the marriage relationship, the two parties jointly built a two Bay one storey bungalow next to the 30 meter railway bridge in Matou Town, Pingguo County.
The second opinion holds that although the building is illegal as an illegal building, it can be regarded as a combination of building materials.
The house base was purchased from others with a transfer fee of 2000 yuan.
Huang Shangli v.
It is a fact that the two sides have quarreled over trivial matters in family life and their relationship has broken down.
They agree to divorce.
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If the illegal building is legalized due to the completion of relevant formalities after divorce, the parties may negotiate to re divide the ownership of the building.
Due to the short understanding time and lack of understanding between the two sides, they often quarrel about family trifles after marriage, which can not cultivate the relationship between husband and wife, resulting in the breakdown of the relationship between husband and wife.
There was no construction land permit, construction planning permit or construction permit, belonging to the “three noes” illegal building.
When the parties request the court to divide these materials, the court should divide them.
In hearing these cases, the court only informed the parties that they should be handled by the administrative department and did not need to be handled together.
Illegal buildings may be illegal forever, or they may be legal by going through the relevant approval procedures.
Therefore, the court should not divide the ownership, but can divide the right to use the building and the interests arising from the use.
On October 14, 2001, they gave birth to a boy named Huang Yongjun.
Therefore, for these illegal buildings, the court can decide to use them by the parties according to the actual situation of the illegal buildings.
Before the legalization of illegal buildings, the “ownership” of the parties is only in fact, not in law.
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However, the two bungalows jointly built by the husband and wife after marriage, located 30 meters away from the railway bridge in Longtou Town, Pingguo County, belong to the defendant.
The plaintiff then brought a lawsuit to the court and asked for permission to divorce the plaintiff and the defendant.
However, although the building cannot obtain the ownership certificate due to violation of the law, it still has use value.
The defendant argued that the plaintiff and the defendant had known each other for a short time and got married hastily.
For this reason, the court presided over the mediation between the two parties, and the parties voluntarily reached the following agreement: first, the plaintiff Huang Shangli divorced the defendant molimei; 2、 The children born in wedlock shall be raised by the plaintiff Huang Shangli.
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The court commented that the court had the following disputes in dealing with the house: 1.
The plaintiff and the defendant shall bear half of their education and medical expenses with valid invoices.
The author agrees with the third opinion.
The plaintiff and the defendant shall pay half of the child’s education expenses and medical expenses with valid invoices; 3、 The two bungalows located 30 meters away from the railway bridge of Longju, Matou Town, Pingguo County belong to the plaintiff, and the plaintiff shall compensate the defendant 6000 yuan of house use price difference.
[trial result]: after the court heard, the court held that although the house was illegal, the house was a combination of building materials, and the building materials still have the value of use.
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It is agreed that the child shall be raised by the plaintiff, and the defendant shall pay the child’s living expenses of 150 yuan per month until the child reaches the age of 18.
Although she gave birth to a boy and went through the marriage registration formalities, because the plaintiff and the defendant had known each other for a short time, they knew that their personalities were different after marriage, and they often quarreled over some trivial things.
The relationship between husband and wife has broken down, and the relationship between husband and wife has existed in name, so it is of no practical significance to maintain this relationship.
The legitimate children were raised by the plaintiff, and the defendant paid maintenance fees to the children every month.
If the negotiation fails, a separate lawsuit may be filed with the people’s court to request the division of ownership.
Later, both parties went to the marriage registration authority to go through the marriage registration formalities on May 26, 2009.
For illegal buildings, the court shall not divide the ownership, but may divide the right to use the buildings and the interests arising from the use.
The first opinion held that the administrative department was responsible for the identification and handling of illegal buildings.
The defendant shall pay 150 yuan for the child’s living expenses every month until he reaches the age of 18.