( - ) Whether the apartment was received during the marriage by virtue of an inheritance or a gift, in which case, in my opinion, a greater degree of proof is required. This is especially true in the case of an apartment that was received as a gift during the period of the marriage, for the reason that weight must be given to the fact that the giver of the gift chose to give it to only one of the spouses and that the other spouse agreed, even if tacitly, that the apartment received as a gift would be registered only in the name of the spouse receiving the gift.
( - ) Does the other spouse also have a residential apartment or other external property that he brought with him to his marriage and which remains registered in his name?
( - ) The length of the period in which the apartment was registered in the name of one of the spouses and the number of years that the couple lived in the apartment (the shorter the period, the greater the degree of proof of sharing the apartment).
( - ) The length of the marriage until the rupture or until the divorce (the shorter the period of the marriage, the greater the degree of proof of sharing the apartment).
( - ) Whether a loan was taken for which a pledge/mortgage was registered on the apartment, and which was paid over the years by the couple jointly.
( - ) Massive renovation or substantial building addition financed by both spouses.
( - ) Behavior of the parties - a general atmosphere of cooperation and joint effort.
( - ) Additional specific circumstances such as making a representation to the other spouse.
It is clear that the parameters listed above - some of which "pull" in opposite directions - are not a closed list, and each case will be discussed on its own merits."
- In the case before us, it is necessary to examine what legal treatment should be given to the residence in dispute, when the plot on which the residence was built (... ) did not belong to any of the parties at all, but rather to the ownership of the father-in-law.
- As stated above, section 125(a) of the Real Estate Law states that the registration of rights in regulated land constitutes conclusive evidence of the identity of the owner of the land, and the burden of contradicting the registration is heavy, and in our case it is heavier since it is not a property that is registered in a different appeal by either of the spouses.
- The man's cross-examination shows that before the wedding, the man did not promise the woman rights in the home, and they lived in the warm house that was under the hot house, before they demolished the building and built a new building, which is the residence where the woman now lives above the hot house.
Q: Yes, tell me, Mr. M., when did you marry the plaintiff?