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The real estate or motor vehicle purchased by the man and woman before the marriage is registered in the woman's name shall be deemed to be the woman's premarital property, and in the event of divorce, it shall still belong to the woman's property.
According to the Marriage Law of the People's Republic of China:
Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:
1) Wages and bonuses;
2) the income from production and operation;
3) income from intellectual property rights;
4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
5) Other property that shall be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
Article 18: In any of the following circumstances, it is the property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;
3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property 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 unclear, the provisions of articles 17 and 18 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 binding on both parties.
Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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Keep the transfer records related to the payment of the house payment, you can prove whose money bought the house, and it is useless to take the house back, and it is useless to write whose name, it depends on the real situation.
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This belongs to the man, because it is pre-marital property, and if it is after marriage, it is negotiated between the man and the woman.
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It depends on whose name is written on the real estate certificate, if it is written in the woman's name, then the house must be the woman's after the divorce, because the property right of the house is the woman's.
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This is more embarrassing, legally speaking, it is the property of the woman. But the fact is that the man's parents paid for it. It is recommended that the woman negotiate with the man to settle the matter. lest there be contradictions.
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It should belong to the man, as long as the evidence is that the purchase of the house is the man's capital to prove that the court will make a judgment in accordance with the law, it is best to negotiate with the woman
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There is no doubt that it belongs to the woman, and this belongs to the pre-marital property of the owner of the house certificate.
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If there is a woman's name and the woman asks for a share of the house, there will be a house for the woman.
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I think it should be returned to the man, after all, it is the house that the man's parents paid for, and in order to make the woman's heart feel at ease, the woman's name is written on the real estate certificate. The woman did not contribute capital and was not eligible to share the house.
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Before marriage, the man paid for the house, and the woman's name was written on the real estate certificate, and after marriage, the two were not in harmony and divorced. If the man cannot prove that he buys the house for his own contribution, the corresponding property belongs to the woman; Although the man paid for the purchase, because no evidence of capital contribution could be provided, it could only be regarded as a gift of property to the woman before marriage.
Real estate as a basic bulky commodity before modern people get married. Many marriages that fail halfway end up in real estate. Failure to purchase a property satisfactory to the woman's parents; Or on the issue of property signature, failure to reach an agreement, and eventually the marriage collapsed.
In terms of the purchase of a house before marriage, if the man contributes and writes the woman's name. The final ownership of the property can be divided into the following two situations.
The property is owned by the woman, and the property is owned by the woman, and everyone can understand this truth. The real estate certificate is the woman's name, and the owner of the house is naturally the woman, which is the legal owner of the house, and no one can deny it.
The premise of such a determination is that before the marriage, the man's family gave the property to the woman as a gift. There is an idea that even if the man contributes the capital, the owner of the property belongs to the woman, and the property is owned by the woman after the gift.
The property is owned by the man, and a house is worth a lot of money, and in married life, when the husband and wife are in harmony, there will naturally be no estrangement. The name of the house can be one of the husband and wife, or it can be the joint property of both husband and wife.
When the relationship between the husband and wife changes, the name of the real estate certificate is the woman, and the man wants to get back the ownership of the property, only to prove that the property is funded by his own family, and there is no gift.
In such a case, if you can self-prove that you have contributed to the real estate, you can get the right to dispose of the real estate. Even if the name of the real estate deed is the woman, there are times when it is not fully recognized.
In order to avoid such a situation, we must state the ownership of the house when we buy a house before marriage. The best way to do this is to co-sign the husband and wife, so that the impact on the married life will be minimal.
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This house is still owned by the man, and now the ownership of the house depends on whose money is paid, and the money paid by the man is the man's house.
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The divorced house is owned by the man, because according to the marriage law, whoever pays for the house will own the house.
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The divorced house is owned by the husband and wife, and the house is also half for one person, which is a rule.
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If only the woman's name is written before marriage, then after the divorce, the house also belongs to the woman, and if the name of the man and woman is written after marriage, it can be divided equally.
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The situation you are talking about, although the man paid for it. But the property bought before marriage is the girlfriend's. Pre-marital property belonging to the girlfriend. If the husband cannot provide proof of the money at the time of divorce, it may go to the woman herself.
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Answer: If the house bought by the husband before marriage, writing the woman's name on the real estate certificate is considered to be the woman's pre-marital property. The house is immovable property, and the establishment, alteration, transfer and extinction of the real estate right shall be registered in accordance with the law and take effect; Without registration, it will not be effective. In the event of a divorce, unless otherwise agreed by the parties, the house is owned by the woman and is not divided.
If the man buys the house in full before marriage, the woman's name can be regarded as a gift from the man to the woman before marriage, and it belongs to the woman's personal property before marriage, and the house will not be distributed when divorced.
According to the principle of publicity of property rights, whose name is written on the house ownership certificate is presumed to belong to whom, and the man's contribution to the purchase of the house before marriage can be regarded as a gift to the woman and belongs to the woman's personal property. As long as the man can prove that the house is funded by him, he can prove that the house is owned by him, even if the name on the real estate deed is the woman, it does not prevent the man from claiming rights. Therefore, at the time of divorce, the house still belongs to the husband as long as it is proved by the man.
Article 217 of the Civil Code of the People's Republic of China The certificate of ownership of immovable property is the proof that the right holder enjoys the right to the immovable property.
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Before marriage, the man paid the money, but only wrote the woman's name, if the woman still did not help pay the mortgage after marriage, then the house still belongs to the man.
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The man pays the money, and the house only has the woman's name written on it, so you need to keep the receipt of your payment, so that you can get the house back.
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Before marriage, the man paid to buy a house, and only wrote the woman's name, how to divide the house after the divorce? This is the property of both husband and wife, and of course it is two people.
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Although the house bought by the man with the money before marriage, although only the woman's name is written, the house should be divided equally with the man after the divorce.
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Before marriage, the man paid for the house and only wrote the woman's name, so in this case, it is best for you to consult a lawyer to see what kind of inspiration you have?
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Before marriage, the man paid for the house, wrote the woman's name, and how to divide the house after the divorce.
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If you buy a house before marriage, write the woman's name, and after the divorce, the house should belong to the woman, because the property before marriage belongs to each other.
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Before marriage, the man paid for the house and only wrote the woman's name, and after the divorce, of course, the house only belonged to the woman. The husband has no right to assign.
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The former man paid to buy a house, but only wrote the woman's name, how to divide the house after the divorce? If the woman is long-hearted, she can give it to the man, but there is no basis, and the woman just doesn't give it to the man, and there is no way, because there is no basis.
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Before marriage, the man paid for the house, but only the woman's name was written. After the divorce, the house should be owned by the woman, because the house bought before the marriage belongs to the individual, and the pre-marital property is not included in the joint property, so it will not be distributed.
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In the future, there will be a house bought by the man before marriage, and only the woman's name is written, and in this way, the property can be divided equally after the divorce. The joint property of the husband and wife can be divided equally.
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If the man pays to buy a house before marriage and only writes the woman's name, as long as the man takes out the record of buying a house and swiping the card, it is a pre-marital property, if it is only a down payment, the woman can generally only get this part of the loan, if the full amount, that is not a cent.
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Before marriage, the man paid to buy a house, but the name of the real estate certificate is the woman, and the house still belongs to the man after the divorce, because the man has evidence of buying the house in full, and the woman only has one name.
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I think that since the house was bought by the man, it should be divided equally in the divorce.
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Although the name of the house is in the woman's name, the house was purchased by the man in full. After the divorce, a house like this should be attributed to the South. If the man is financially good and is willing to give you half of it, that's fine, it's out of his own volition.
Legally, the house is the man's own. Although your name is written, the man bought the house in full. Don't be greedy!
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After the divorce, the house is divided equally between the two parties, and the house is the joint property of the husband and wife.
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After the divorce, the house is half of one person, no matter whose name is written, it is the joint property of the husband and wife.
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Legal analysis: If it is purchased after marriage, it belongs to the joint property of the husband and wife and belongs to both parties, and the house can be divided at the time of divorce, if it is purchased before marriage, there is an agreement to decide the ownership of the property according to the agreement, and if it is agreed to be owned by the woman.
Legal basis: Civil Code of the People's Republic of China
Article 1063 The following property shall be 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 side.
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.
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Hello, the division of this situation in practice is still controversial, but because it is registered in the name of the woman, most courts will determine that it belongs to the joint property of the husband and wife, and will not necessarily directly judge that it belongs to the man, but will be divided according to the proportion of 50% each, and one party will take the house and the other will take the money.
Relevant legal provisions] Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China
Article 29: Where before the parties get married, the parents contribute to the purchase of houses by both parties, the contribution shall be found to be a gift to their children, except where the parents expressly express that the gift is made to both parties.
Article 78: Where one of the husband and wife signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a bank loan, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce.
If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the registered party, and the loan that has not yet been repaid shall be the personal debt of the party registered with the immovable property. In the event of divorce, the party registered in the immovable property shall compensate the other party for the joint repayment of the loan and the corresponding increase in the value of the property between the parties after marriage.
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The division of real estate in divorce needs to be analyzed in combination with the specific circumstances of each case.
You can assess whether there is an agreement on the ownership of the house when you buy the house, why it is registered in the name of the woman, and how long you have been married. In judicial practice, it may be recognized as a gift from you to the woman as a personal pre-marital asset of the woman; It may also be construed as a conditional gift; If the down payment is made by the husband before marriage and the loan is repaid jointly after marriage, it will also be determined that the part of the joint loan repayment and the increase in value after marriage belong to the joint property of the husband and wife.
If you need further consultation, you can contact Shanghai Home & Home Law Firm to explain your case in detail.
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