[Guozun Law Firm] How to Change Ownership of a Parking Space After Divorce

How to change ownership of a parking space after divorce is indeed a property division issue that many couples are prone to overlook. According to Article 1062 of the Civil Code, property acquired during the existence of the marital relationship is in principle the common property of husband and wife, and this naturally includes parking space ownership. However, in reality, situations often arise in which the registered owner is inconsistent with the actual contributor, and this creates hidden trouble for subsequent changes.

The author once handled a typical case: when Mr. Zhang and Ms. Li divorced, they found that although the parking space in the residential community had been purchased with post-marital income, the title certificate showed only the name of Ms. Li’s mother. This kind of situation is relatively complicated, and it is necessary first to prove the actual contribution before rights can be claimed. As to the question of how to change ownership of a parking space after divorce, it is often necessary to proceed in two steps: first confirm ownership, and then transfer title.

In practice, special attention must be paid to three key links: 1. examine the original purchase contract and payment vouchers; 2. verify whether the parking space has already obtained an independent title certificate; 3. check whether there is any special agreement in the divorce agreement. The author suggests that when drafting the divorce agreement, the specific operating plan for “how to change ownership of a parking space after divorce” should be clearly written in, for example, agreeing to cooperate in handling transfer procedures within one month.

The situation most likely to give rise to disputes is this: one party claims that the parking space is personal property gifted by parents, for example by providing transfer records, while the other party produces evidence that the loan was jointly repaid after marriage. At this time, the court usually considers three factors: 1. whether the purchase time was during the existence of the marriage; 2. the actual source of the funds; 3. the daily use situation.

Practical suggestions: 1. when purchasing real property during marriage, try to keep the registration information consistent with the actual situation; 2. retain complete bank transaction records and payment vouchers; 3. where division of large-value property is involved, notarization should be carried out. A question for reflection: if the former spouse refuses to cooperate in handling the change of ownership of the parking space after divorce, apart from litigation, is it possible to apply for compulsory enforcement by the court?