"Property rights and creditor's rights?" Wang Wucheng had some doubts on his face, looking at the uninvited teacher Fang with a bit of surprise.

Zhou Xinran next to her had the same thought in her mind, but she didn't express it. She was also wondering why Mr. Fang was so concerned about a divorce case.

However, since Mr. Fang had already started the consultation, she naturally couldn't say anything.

Meanwhile, Mr. Fang had already started talking.

"Yes, property rights and debt rights. Only by understanding the difference between these two things can you understand the meaning of adding your name to the real estate title deed."

Of course, at this time, even a man as crazy as Fang Dazhuang would not really give a class. He just used very simple language to roughly describe property rights and creditor's rights.

To put it simply, the subject of property rights is the object, that is, this thing is yours. The realization of property rights for real estate generally comes from registration.

Just like when we buy a house, the most common question we are asked is whether the ownership has been transferred.

Wang Wucheng was confused when he heard this, because property rights and creditor's rights are the two most basic rights in civil law. Of course, for law, the most basic also means the most important.

Even though Mr. Fang had explained it as simply as possible, Wang Wucheng was still a little confused.

"Teacher Fang, what you're saying is that if I add the other person's name to the real estate deed, that would be equivalent to a gift, right? I'd directly give half of the property rights to the other person. But... Baidu says adding a name is useless."

Hearing this, Zhou Xinran next to him couldn't help but said: "Brother, if you mention Baidu again, just go by yourself, why bother to come to us and spend money."

Upon hearing this, Wang Wucheng quickly shut up and signaled Fang Dazhuang to continue.

Those are the legal principles, and the easiest way to make someone understand the law is to interpret it through cases.

And Fang Dazhuang’s words are the most common example!

"Now, Zhang San sold one of his houses to Li Si. Li Si is a wealthy man with plenty of money, so he directly asked me to pay the full amount, but the property has not been transferred yet."

"That Li Si was so careless, thinking that a day or two of delay would not be a big deal. As a result, Zhang San sold the house to Wang Wu again. This time, he still said that he would transfer the ownership after a while, but you can live in the house first."

"Wang Wu was so happy. I've already moved in, what can you do? I have nothing to fear. I'm not in a hurry to transfer the ownership. But Zhang San sold the house to Chen Liu again. This time, the transfer and notarization were completed according to legal procedures. So, who do you think should own the house? Who has the property right and who has the creditor's right?"

Zhou Xinran didn't say anything. What Fang Dazhuang said were actually very basic knowledge, but in reality, many people would ignore them. They either thought that the other party would not lie, or they thought that everything would be fine as long as they moved in.

Seeing that Wang Wucheng seemed to understand, Fang Dazhuang smiled and said, "So I'm telling you, adding a name to the real estate certificate is actually a very meaningful legal act. It means the transfer of part of the ownership!"

Point Guard Here

"Back to your previous question, even if you don't add your name, if you're taking out a mortgage, you'll still have to use the joint debt to repay the loan, and you'll have to share the money. But you have to note that this money is a debt claim, not a property right!"

If Wang Wucheng didn't quite understand what Fang Dazhuang said before, he had a profound understanding after the previous case.

If I have the debt, I can give it to you. If I don’t have it, just wait. The one who owes the debt is the boss.

But property rights are different. Property rights are mandatory and exclusive!

In fact, transfer of ownership is certainly important, but legal possession is equally important in terms of property rights.

If neither Li Si, Wang Wu, nor Chen Liu has transferred the ownership, then according to relevant legal provisions, it is generally believed that the party that has legally occupied the house should perform first, that is, the house belongs to Wang Wu who occupied it first.

If there are only two of you left, just go and ask the other party for money. Selling the house twice or three times is the most typical and direct example of property rights being greater than debt rights.

"Teacher Fang, is it easy to deal with my house now? It will definitely belong to me, right?" Wang Wucheng asked eagerly.

He remembered that the lawyer surnamed Fang had said that things would be a little better with the Civil Code.

However, Mr. Fang's words left him completely stunned.

"Then it definitely doesn't belong to you. What are you thinking? I've been telling you for a long time about the difference between creditor's rights and property rights. Not to mention that you added someone else's name to the property after marriage, even if you didn't, according to the current Civil Code, if one party's parents pay for the purchase of a house after marriage, the agreement should be followed. If there is no agreement, it is presumed to be the common property given to you by your parents."

This is a new regulation in the Civil Code and relevant judicial interpretations that have come into effect. In the past, if parents bought a house for their children after marriage, and if it was only registered in the name of their children, it could be regarded as a gift to their children.

This is the personal property of one party.

However, the new Civil Code has changed this article. Unless there is a clear agreement, it will be presumed to be the joint property of the husband and wife.

This is to tell you that either you have already made an agreement in advance, or don’t refuse to do this or that for the sake of face, and expect the other party to be kind.

Or you should not divorce easily...

Wang Wucheng was dumbfounded now. He had thought well before coming here that as long as he found a lawyer, he would be able to keep his house and get his betrothal gift back.

Now I find that their plan really works!

Zhou Xinran was not surprised by this result. It was a normal situation as it was planned without any intention.

My dear, there is more to this chapter. Please click on the next page to continue reading. It will be even more exciting later!