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Buying a house before marriage is personal property before marriage, and buying a house after marriage is the joint property of the husband and wife. [Not a professional, FYI, but remember the bounty and oh].
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If you want to see it as a voluntary transfer, it is legal and legal in terms of real estate regulations! As to whether it is reasonable or not, it depends on whether the husband voluntarily relinquishes half of the property rights. If the transfer is required to the woman's name, it is equivalent to a gift; If the transfer is to be transferred to the husband's name, this can still be regarded as unilateral pre-marital property.
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Legal Analysis: Transferable Ownership. Pre-marital property refers to property acquired by one of the spouses before the marriage.
The premarital property of one of the spouses, whether movable or immovable, tangible or intangible, is protected by law if it is legally acquired at the age of the spine.
Legal basis: Civil Code of the People's Republic of China
Article 1062 The following property acquired by husband and wife during the existence of their marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.
Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.
The agreement between the husband and wife on the property acquired during the marriage 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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Summary. Dear, hello, I am happy to answer the <> for you, the house purchased by the man before marriage can be transferred to the woman after marriage, and the property before marriage can be transferred to the other party after marriage, which is a gift between husband and wife. The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.
Can the house purchased by the man before marriage be transferred to the woman after marriage?
Dear, hello, I am happy to answer the <> for you, the house purchased by the man before marriage can be transferred to the woman after marriage, and the property before marriage can be transferred to the other party after marriage, which is a gift between husband and wife. The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.
According to Article 1065 of the Civil Code of the People's Republic of China, the man and woman may agree that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing.
Can I transfer the mortgage to the woman, and do I need a transfer fee?
Dear, if you have a mortgage, you can also transfer it to the woman, and you need a transfer fee.
Is the closing fee the same as buying a house?
Dear, the transfer fee is not the same as buying a house.
Pro, the transfer fee needs to pay a handling fee of RMB square meters, transaction stamp duty, 3% deed tax, and transaction appraisal fee.
What are the procedures for the transfer of ownership?
The formalities required for the transfer of ownership are the application form for registration of real estate transfer; Applicant: SFZ Ming; Certificate of Real Estate Title; If the administrative decision of the relevant administrative organ, the real estate sales contract, and the mortgage have been created, the written document with the consent of the mortgagee shall be submitted.
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Legal Analysis: Yes, if the new title deed is registered in the woman's name, then it is the woman's personal property, and if it is registered in the name of both parties, it is the joint property of the husband and wife. You can go to the housing management department to handle it.
A house bought before marriage is usually located as a pre-marital property and is not part of the joint property of the husband and wife. However, according to the principle of registration, if it is currently registered in the woman's name, the ownership of the house belongs to the woman, and if you have sufficient evidence, you can claim it as joint property or even your personal property. Since the transfer of ownership means that this is a gift from the man to the woman, whose name is the real estate certificate, which is already protected by the law.
Legal basis: Article 55 of the Auction Law of the People's Republic of China Where the auction object needs to go through the formalities of changing the license and transferring the property right in accordance with the law, the consignor or the buyer shall go through the formalities with the relevant administrative authority with the transaction certificate and relevant materials issued by the auctioneer.
**Investment Law of the People's Republic of China》 Article 113 The ***** supervision and administration institutions shall have the right to take the following measures in accordance with the law to perform their duties: (1) Conduct on-site inspections of ** managers, ** custodians, and ** service institutions, and require them to submit relevant business information; (2) Entering the site where the suspected illegal conduct occurred to investigate and collect evidence; (3) Questioning the parties and units and individuals related to the matter under investigation, and requesting that they explain matters related to the matter under investigation; (4) Inspecting and reproducing property rights registrations, communication records, and other materials related to the matter under investigation; (5) Consult and copy the transaction records, registration and transfer records, financial and accounting materials, and other relevant documents and materials of the parties and the units and individuals related to the matter under investigation; Documents and materials that may be transferred, concealed, or damaged may be sealed; (6) Inquire into the parties' and units and individuals related to the matter under investigation into their capital accounts, ** accounts, and bank accounts; Where there is evidence showing that illegal funds, **, or other assets involved in the case have been or may be transferred or concealed, or important evidence is concealed, fabricated, or destroyed, it may be frozen or sealed upon approval of the principal responsible person for the ***** oversight and management body; (7) When investigating major illegal acts such as market manipulation and insider trading, with the approval of the principal responsible person of the ***** supervision and management body, the parties to the investigation may be restricted from buying and selling, but the period of restriction shall not exceed 15 trading days; Where the case is complicated, it may be extended for 15 trading days.
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The property can be transferred to the other party after the marriage. The prenuptial transfer shall be handled according to the application of both parties in the form of gift and sale. The transfer of ownership after marriage is a change of registration, and it is necessary to provide the identity certificate of both husband and wife, marriage certificate, house ownership certificate and other application materials, and jointly go to the housing registration department with jurisdiction for face-to-face signing, and then go through the relevant procedures for changing the ownership of the house.
According to the laws of our country, the following property is personal property before marriage:
1. The property owned by the husband and wife before marriage, including the income from personal labor before marriage, inherited or donated property, and other legal income. It also includes the property purchased by each party for the marriage before the marriage;
2. Medical expenses and subsidies for returning to their hometowns brought back from the army by demobilized and demobilized servicemen, as well as demobilization expenses and transfer expenses for servicemen who have lived together for a short time after marriage;
3. At the time of divorce, the husband and wife should use their own clothes, daily necessities and professional items. Except, of course, valuables;
4. The property obtained after marriage that is inseparable from the personal identity at the time of divorce, and the intellectual property rights that have not obtained economic benefits;
5. The agreement between husband and wife on property is binding on both parties. It includes legal written agreements and oral agreements that are recognized by both parties as personal property.
Legal basis
Civil Code of the People's Republic of China
Article 657.
The residual idea of a gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.
Article 658.
The donor may revoke the gift before the transfer of the right to donate the property.
The provisions of the preceding paragraph do not apply to notarized gift contracts or gift contracts that have the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled, which must not be revoked in accordance with law.
Article 659.
Where it is necessary to go through registration or other formalities in accordance with law for donated property, the relevant formalities shall be completed.
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Summary. Hello, it's a pleasure to answer for you; It is okay for the man to transfer the house to the woman before marriage. If it is given to the woman before marriage, the house is the woman's personal property and will not be divided in the event of divorce. Unless otherwise agreed by the parties.
Hello, it's a pleasure to answer for you; It is okay for the man to transfer the house to the woman before marriage. In the case of a gift to the woman before marriage, if the house is buried by omission, it belongs to the woman's personal property, and it will not be divided in the event of divorce; Unless otherwise agreed by the parties.
Legal basis: Article 1063 of the Civil Code of the People's Republic of China [Personal Property of Husband and Wife] The following property is the personal property of one of the husband and wife: (1) the pre-marital property of one party; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined in a will or gift contract to belong to only one party; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party. Article 1065 [Property System by Marriage Agreement] A man and a woman may agree that property acquired during the marriage relationship and property before 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 is not clear, the provisions of Articles 1062 and 1063 of this Law shall apply.
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Analysis of legal sales: If the property is transferred before marriage, it is a limb touching premarital property and not a joint property of the husband and wife.
Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife
1) the pre-marital property of one of the parties;
(2) Compensation or compensation received by one party for personal injury;
(3) Property that is determined in a will or gift contract to belong to only one party;
(4) Daily necessities for the exclusive use of one side;
(5) Other property that shall belong to one party.
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Hello, very happy to answer for you! <>
If the husband transfers the house to the woman before marriage, it is the woman's personal property. If the property is transferred to the woman before marriage, if it is a gift for the purpose of marriage, if the marriage is not realized, the other party can be asked to return it. It also depends on whether the two parties have signed a gift agreement to make a specific judgment.
Joint property refers to the property jointly owned by the husband and wife during the existence of the marital relationship, during which the property acquired by the husband and wife belongs to the joint property of the husband and wife, and the husband and wife have equal rights to dispose of the jointly owned property. Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:
(1) Salary, bonus, and labor remuneration; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property. Article 106 The following property shall be the personal property of one of the spouses:
1) the pre-marital property of one of the parties; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined in a will or gift contract to belong to only one party; (4) Daily necessities for the exclusive use of virtual fibers on one side; (5) Other property that shall belong to one party. <>
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Legal analysis: The house purchased by the husband before marriage, and the property right is registered in the man's name, which is recognized as a gift to the man, so the house belongs to the man's personal property before marriage, and the woman has no right to ask for division in the divorce.
The provisions of the preceding paragraph do not apply to notarized gift contracts or gift contracts with the nature of public welfare or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled, which must not be revoked in accordance with law.