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1.If I don't have this manual, if I don't get married or divorced, how will I divide my property?
If there is no manual, if you are divorced or not married, the down payment is paid by your family, as long as there is a proof of capital contribution, it is your family's property, the part that has been repaid before marriage is divided according to the proportion of repayment, and the part of the loan after marriage (unpaid) belongs to the joint property of the husband and wife.
2.If we write this statement, is it legally valid? Will it always work?
You can make a prenuptial property certificate to divide the property.
3.Am I doing the right thing?
I can't say it's wrong, everyone has their own ideas, and if it hurts the feelings of both parties because of the notarization of premarital property, I personally think that some of the gains outweigh the losses.
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Whether the manual is effective or not mainly depends on what form it is. You can go to the notarization. If your name is not written on the title deed. You have no rights. Only authenticate but not recognize people.
It is recommended that you write the names of two people. Yours and his. Then your share is 99% and his is 1%.
This will make it easier for you to get a loan. and can limit his rights to the house. If you want to repay the loan together. Then the share can be negotiated on its own. (The share can be written on the house title deed).
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Without justice, the statement is a piece of paper With justice, I think it can only be used in the future when you file a lawsuit, and the real estate certificate is in his name, and he sold it halfway to see what you do
It seems that the names of two people cannot be written on the real estate certificate if they are not husband and wife
I don't know much either, anyway, I think you're not doing it right! It is recommended that you get married immediately, feelings are a thing with long dreams at night It's hard to say anything in this world, even if love dies and lives now, I don't know what will happen in half a year I think you're very strange, 2 3 are paid by yourself, just grit your teeth and bear it all by yourself If I will be insecure
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Men will look at love and marriage separately, while once a woman approves of a man, she tends to ignore other factors. Men are more rational, while women are more emotional. The house problem, it's time to talk about marriage, and breaking up because of the house problem shows that everyone's hearts are not together in the end.
Now the house and the bride price.
It's a test for two people, if the man's family is not very good, and the woman asks too much, should he get married? Maybe the house is a sense of security for a woman.
And the feeling of home, let's look at things in two parts.
Can I get married if I have a house? ▼
Nowadays, marriage is all about a house and a car, but the divorce rate.
But it's getting higher and higher. Therefore, material conditions are not necessarily the cornerstone of marriage, but the emotional foundation is the most important.
If you love someone, you will work hard for a better life, so there is love to have a home. As long as the two work together, a better life can be created. A home without love is just a cold cement cell.
Ability and character are the foundation
Is the character and ability of a child from a poor family good? Not necessarily, if the lover's character and ability are good, this is the long-term solution.
When choosing a future partner, character and ability are often ignored. Although there is a certain economic base.
The relationship will be a little more stable. However, you can marry without a certain foundation, and you can only consider it if you have the ability and good character.
Is there a home if you have a house? ▼
Many people are anxious about moving because they are still being asked by their landlords to rent their houses. It is true that I can have a house, and that is a kind of happiness. You don't have to look at the color of the landlord, and you don't have to worry about going to find a house.
Since it is lovers, they need to face it together, not just rely on one side alone. A home is built by two people, everything depends on one side, and sooner or later one party gets tired and doesn't want you.
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I think you still have to think about this question carefully, after all, the house is a big deal, you have to think about it carefully. If you really don't have fate, you also have to think about whether there is really something wrong with you. If there is really no fate, you don't have to be reluctant, after all, you won't be happy if you are reluctantly together.
If you have fate, you should also cherish this fate. If you really don't want to be with her anymore, then you guys break up and don't force yourself. If you are reluctant to be together, you won't be happy, so you better break up as soon as possible.
If you really don't have fate, then you don't have to be forced to be together, it's not good for you. You have to think about it and don't regret it because of impulse.
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Legal analysis: First, if the two parties jointly contribute to the purchase of the house, and the house is registered in the names of both parties, this situation can be regarded as the joint ownership of the house by both parties, and if the amount of capital contribution of the two parties is different, it can be determined that the house is jointly owned by the two parties according to the proportion of their capital contributions. It is possible to divide the house proportionally.
Second, if the purpose of the two parties' joint contribution is to purchase the house together, rather than the buyer borrowing money from the other party to purchase the house, then the house will still be legally determined to be owned by both parties, and the share of house ownership will be determined by the proportion of the capital contribution of both parties.
Third, if one party fully contributes to the purchase of the house, but the house is registered in the name of the other party due to the purchase restriction policy and other reasons, the ownership of the house that breaks up at this time will generally be determined to be the premise of marriage, and if there is no marriage, the funder can claim that the house belongs to the funder. In addition, if the registration of the purchase of the house affects the registrant to purchase the house again, the registrant has the right to request the funder to eliminate the impact.
Legal basis: "Civil Law of the People's Republic of China".
Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.
The ownership of natural resources that belong to the State in accordance with the law may not be registered.
Article 218 Rights holders and Kaiyan interested parties may apply for inquiries and reproduction of immovable property registration materials, and the registration authority shall provide them.
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If the real estate purchased jointly during the period of love and cohabitation is registered in the names of both parties, and the nature of the share occupied by both parties is clearly registered as joint ownership, it shall be determined that both parties jointly share the house, and it shall be determined that each party occupies 50% of the rights and interests in the house, and the two parties have half of the shares.
If the real estate jointly purchased by the two parties during their relationship is not agreed to be co-owned by shares or jointly co-owned, and the parties do not have a family relationship and there is no basic relationship of co-ownership, it shall be deemed to be co-owned by shares; If the parties have not agreed on the share, the share of the common house shall be calculated according to the amount of capital contribution paid by each party.
1. How to divide the divorce between parents who contributed to buy a house.
At the time of divorce, if there is an agreement between the two parties on the property purchased by the father and the mother, it shall be divided according to the agreement, and if there is no agreement, it shall be divided according to the following principles:
1.If one of the parents contributes to the purchase of a house and registers it in the name of his or her children, it is regarded as a gift to his or her children, not joint property, and is not divided in the event of divorce.
2.If one of the parents contributes to the purchase of a house and registers it in the names of his or her children and his or her spouse, it is the joint property of the husband and wife, and the court divides it in accordance with the principle of taking care of the interests of the children, the woman and the innocent party in the event of divorce.
3.If the parents of both parties contribute to the purchase of the house in full, and it is written in the name of one party, it shall be jointly owned according to the proportion of capital contribution, and if there is no agreed share in the name of both parties, it is jointly shared.
2. How to divide the house purchased by the parents after marriage in the event of divorce.
If the parents contribute to the purchase of a house after marriage, it shall be registered in the child's personal name and shall be the personal property of the child, and the other party shall not have the right to divide it in the event of divorce.
If the parents contribute to the purchase of a house after marriage and it is registered in the names of both parties, it can be determined that it is a gift to both parties, and it belongs to the joint ownership of the husband and wife.
3. Where both parents have capital contributions, and those registered in the name of one of the children may be deemed to be jointly owned by both parties according to their respective parents' share of capital contributions, and in the case of divorce, they may share according to their share of capital contributions.
Article 304 of the Civil Code: The co-owners may negotiate to determine the method of division. If no agreement can be reached, and the jointly owned immovable or movable property can be divided and the value will not be diminished due to the division, the physical property shall be divided; Where it is difficult to divide or the value will be diminished due to division, the sale price obtained from the discount, auction or sale shall be divided.
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In practice, if the parties decide to break up after cohabiting in the name of husband and wife, according to the current law, because it is difficult to recognize it as a de facto marriage, the parties will divide it according to the cohabitation property when they break up. If it is determined that it belongs to the joint property of the cohabiting parties, the parties will handle it according to the following methods when they break up: 1. If the two parties have made an agreement on the property during the cohabitation period, the agreement shall prevail; 2. If there is no agreement on property during the period of cohabitation, the two parties shall agree when the cohabitation relationship is dissolved; 3. If the parties fail to reach an agreement on the division of cohabitation property, the court will make a judgment according to the specific circumstances.
Legal basis
According to Article 1054 of the Civil Code, property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If the agreement is not concluded, the people's court shall make a judgment based on the principle of taking care of the innocent party. Nothing to be found.
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The handling of the house purchased during the relationship after the breakup is as follows:
1) Where there is an agreement, it may be divided in accordance with the agreement;
2) Where there is no agreement, a reasonable division of common property is to be carried out in accordance with the principle of equal consultation;
3) Where negotiation fails, the people's courts are to reasonably divide the joint property according to the proportion of their respective capital contributions, based on circumstances such as the size of the co-owners' contribution to the common property.
Legal basis
Article 1065 of the Civil Code.
The man and the woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement on the leakage rent is not clear, the provisions of Articles 1062 and 1063 of this Law shall apply.
The agreement between the husband and wife on the buried property acquired during the existence of the marital relationship and the property before the marriage is legally binding on both parties.
If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.
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