Miss A and Mr. B were a married couple. Miss A had worked for a foreign company for many years, and Mr. B was a civil servant. During their courtship, they were deeply in love and planned their future together. Miss A generously proposed to fund their future love nest as their marital home. During the house purchasing preparations, they learned that Mr. B could enjoy preferential mortgage rates due to his status as a civil servant. Thinking that they would spend their life together anyway, Miss A, without too much concern and without any written agreement on the registration in Mr. B's name, decided to purchase the new house and take out a mortgage in Mr. B's name. In fact, Miss A paid the down payment and decoration costs in full, as well as the monthly mortgage, management fees, and utilities like water, electricity, and gas.

 

However, several years into their marriage, Mr. B had continuous affairs and was determined to abandon the family and divorce Miss A, even telling her, "The house is registered in my name according to the Civil Code, so it's mine. You should move out!" Faced with this situation, Miss A thought that she had paid for the house and covered all the expenses; just because it was registered under Mr. B's name, could he just deceive and claim it as his own? With her marriage on the rocks and the house taken away, Miss A sought legal assistance from our law firm. According to Article 759-1, Paragraph 1 of the Civil Code: "The right of a person whose property right over a real estate is registered is presumed to have the right lawfully." Therefore, the registered name of the real estate (house, land) is indeed "presumed" to be the property owner. But regarding Miss A's situation, can Mr. B really take the house based on the aforementioned provision of the Civil Code? This involves the legal issue of real estate registration in another's name.

The litigation strategy proposed by our firm has successfully secured a favorable judgment for Miss A, with the court ruling as follows: "The disputed house was funded by Miss A for decoration, the related equipment was also purchased by Miss A, and she provided the entire amount for the down payment and the loan. She has also been responsible for all management fees, land value tax, and property taxes, with documentation to support her claim that she has managed and benefited from the property since its purchase, which should be accepted as fact... It can be deduced from the evidence that Miss A's claim that Mr. B is not the actual owner of the disputed property, merely the person in whose name the property is registered, and that a contractual relationship of registration in another's name was established between the two parties, should be accepted.

 

Therefore, Miss A's act of serving the civil complaint to Mr. B signifies her intention to terminate the aforementioned registration in another's name. After the termination of the registration contract between the two parties, Mr. B is obliged to return the ownership of the disputed real estate to the plaintiff. For this reason, Miss A analogously applies the obligation of transferring rights after the termination of an agency relationship as stipulated in Article 541, Paragraph 2 of the Civil Code, as well as the right to demand restitution for unjust enrichment according to Article 179 of the same code, requesting Mr. B to transfer the ownership of the disputed property to the plaintiff, which should be substantiated.

 

Registering a property in someone else's name may be based on trust or financial considerations, but reclaiming it often presents challenges. We hope to provide valuable insights and assistance to those facing such issues. Remember, protecting your assets should always be a priority. Finally, remember to exercise caution in significant property transactions, ensuring that every step is legally protected, and it is advisable to seek professional legal assistance if related issues arise.