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Yes, the purchase after marriage is joint property, and it has nothing to do with whether the names of the two people are written or not.
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Whether it is before or after marriage, as long as you can prove that the money is yours, no matter whose name is written, you will have your share.
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Is it joint property for a husband and wife to buy a house after marriage and only write the name of one of them? According to Article 1062 of the Civil Code, the property such as wages, bonuses, labor remuneration and other property obtained by the husband and wife during the marriage shall belong to the joint property of the husband and wife.
Therefore, if the house is purchased with the joint property of the husband and wife, then even if only the name of one party is written, it is the joint property of the husband and wife. If it is purchased by one party using pre-marital property, it is personal property.
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As long as the house is purchased by the husband and wife with their joint savings after marriage, whether it is registered in the name of one party or both parties, it is joint property, and according to Article 1062 of the Civil Code of China, the property acquired during the existence of the marital relationship shall be jointly owned by the husband and wife. Therefore, regardless of whether the property is registered in the name of one party or both parties, it is the joint property of the husband and wife. Unless the house was purchased and donated to the children by one of the parents, and there is a clear gift contract specifying that it is only given to one of the spouses, then it will be considered as the personal property of one of the spouses.
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No matter which of the names of both parties is written on the real estate deed, as long as the property is purchased after marriage, it is joint property.
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Take out the proof of purchase, no matter whose name is written, as long as the capital contribution is made after marriage, it is joint property.
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As long as it is after marriage, it belongs to the joint property of the husband and wife, and if it is indicated in the remarks that it is owned by one party, it belongs to personal property.
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Yes, as long as the house is bought after marriage, no matter whose name is written, it is the joint property of the husband and wife.
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This marriage does not look at the name, or even who pays for it, because the property after marriage is originally shared, so buying a house after marriage belongs to the joint property of the husband and wife, and it is the same to write a person's name.
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As long as it is purchased jointly by the husband and wife after marriage, regardless of whether the names of both parties are written on the real estate certificate or the name of one party, it is joint property.
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Of course, it is joint property, but you need to keep proof that you paid for the house when you bought the house or that you gave your salary to the other party for safekeeping.
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Yes, as long as it is bought after marriage, it belongs to the joint property of the husband and wife.
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Of course, it belongs to the joint property of the husband and wife.
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Regardless of whose name is written, the house is joint property.
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Of course, it is the joint property of the husband and wife.
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It is not a joint property, why do many people want to add the woman's name before marriage, but the man does not agree.
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Yes, but the person who buys the house still has a lot of power.
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Yes, this is something that will also be reflected in his credit report.
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If the husband and wife do not expressly agree on the purchase of a house purchased during the marriage of the husband and wife, and only the name of one of them is written on the real estate certificate, it shall be recognized as the joint property of the husband and wife.
2. If the immovable property purchased by the parents of both parties is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties according to the share of their respective parents' contributions, unless otherwise agreed by the parties.
If one party wants to own the right to use the house in the event of divorce, the appraisal unit will evaluate it and then distribute it to the other partyIf both parties want to own the house, both parties will make a bid;If neither party wants the house, the people's court will auction it and then distribute it.
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Buying a house after marriage with only one party's name not necessarily belongs to the joint property, and it needs to be considered in several situations:
Clause. 1. The circumstances in which the name of one party in the name of one party is the joint property of the husband and wife when buying a house after marriage are:
1. During the marriage, if the house purchased jointly by the husband and wife only writes the name of one party on the real estate certificate, it shall be recognized as the joint property of the husband and wife.
2. If the parents of the husband and wife pay the down payment, the husband and wife shall jointly repay the loan, if the two parties have not agreed in advance, it will be recognized as the joint property of the husband and wife, even if only one person's name is written on the property right certificate, it is also joint property.
Clause. 2. The circumstances in which the name of one party is not considered to be common property when buying a house after marriage is:
1. If the immovable property purchased by one of the parents for the child after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of the children in accordance with the provisions of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the husband and wife.
2. If the money paid by one of the spouses for the down payment is their own pre-marital property, and there is evidence to prove that the name of the person is written on the property right certificate of the fund, then it is his personal property, otherwise it will be regarded as the joint property of the husband and wife. However, there is an exception for the case where there is an agreement between the husband and wife.
3. The real estate purchased by both parents shall be registered in the name of one of the children. The immovable property may be deemed to be jointly owned by both parties according to their respective parents' share of capital contribution, unless otherwise agreed by the parties.
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It doesn't matter whose name is written on the title deed.
The house bought after marriage should be considered joint property.
The ownership of the property, with whose name.
No, it is necessarily related.
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The property purchased after marriage is the joint property of the husband and wife, and the loan repayment is also repaid with the joint property of the husband and wife, so it is the same.
Hello Question! After getting married, the husband and wife buy a house together, but the real estate certificate is only for the woman, if there is a divorce or something, the house belongs to the husband and wife for public distribution of property?
Question: Now that the children want to buy a house together, but the name is only written on the woman, there should be no legal recognition of only the woman when there is a problem in the future.
Now the children want to buy a house together, but the name is only written by the woman, and if there is a problem in the future, it should not be legally recognized only by the woman.
It's the same with just writing the name of one side.
There is no difference ha.
Hello question, got it! Thank you.
Asking questions gives you five stars.
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For a house bought after marriage, the woman's name is actually written on the real estate certificate, and the house is also a joint property. There is a clear provision in the Marriage Law that joint property is after marriage. of both husband and wife. Even writing a person's name doesn't matter.
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If it is a house that is bought together after marriage. Although only the woman's name is written, then this one is too. joint property of husband and wife. Unless one party chooses to give up. This is matrimonial property.
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If you buy a house after marriage and the real estate certificate writes the woman's name, then the house should also belong to the joint property of the husband and wife, and not only the woman enjoys the house.
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After marriage, the house bought by the real estate certificate is actually only the woman's property, so it belongs to the woman's property, in fact, this is the case, then I think the fact is the joint property of two people, but I have to say that if according to the law, in fact, there is only the woman's name, then the ownership of the house does not belong to the woman.
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If you buy a house after marriage, it belongs to joint property, and no matter whose name is written, it belongs to joint property! Unless the money to buy the house is not from the two of you, (some of them are from your parents), and there is evidence of your parents' contributions, then it is not joint property, and your parents did not say not to pay it back, then your parents have the right to get it back!
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It's okay to buy a house after marriage, because after all, only the woman's name is written on the real estate certificate, and the names of both of them have actually been counted.
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If the house is bought after marriage, and the real estate certificate only has the woman's name on it at most, but there is no evidence to prove that the woman's parents or the woman alone purchased it with her own private property, then the house belongs to the joint property of the husband and wife after marriage.
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The house bought after marriage, no matter whose name is written on the real estate certificate, belongs to the joint property of the husband and wife.
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Please go and read the Civil Code, the main thing is to look at the contribution, not whose name is written The house is who's, if the house is bought by your common property, then the house is common, if the house is funded by your parents to support you, then it's another matter.
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After marriage, only the woman's name is written on the real estate certificate, and the house is not a joint property, it is the private property of the woman, but since the husband and wife are one, then the normal understanding is that the house will also have half of the husband's in terms of distribution.
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After marriage, the husband and wife buy a house, regardless of the name of either of the husband and wife written in the real estate certificate, which is the joint property of the husband and wife. However, if it is a gift from the parents after marriage, or bought with private money before marriage, then it is not the joint property of the husband and wife.
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If you buy a house after marriage, although only the woman's name is written on the real estate certificate, the house is also the joint property of the husband and wife, and if you don't buy anything, as long as it is bought after marriage, it is the joint property of the husband and wife, which is incredible.
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Of course, it is joint property, because this is the house you bought after marriage, even if only the woman's name is written, it is also considered joint property after marriage, because the law does not judge by name.
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Because it is a house bought after marriage, no matter whose name is written on the property, the house is the joint property of the husband and wife, so only the woman's name is written on the real estate certificate, and the house also belongs to the joint property of the husband and wife.
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After marriage, I bought a house with the joint money of the two people. Only the woman's name is written on the title deed, which is for the sake of simplicity, so the house is joint property.
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It doesn't matter whose name is written on the title deed.
If you contribute together, it is joint property.
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If you buy a house after marriage, then if the woman's name is written on the real estate certificate, this is of course also the joint property of the husband and wife.
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Legal analysis: If the house is purchased with the joint property of the husband and wife after marriage, even if it is only registered in the name of the woman, in principle, it belongs to the joint property of the husband and wife and is jointly owned by both parties. If it is purchased with personal pre-marital property after marriage and is only registered in one's own name, it is personal property and does not belong to the joint property of the husband and wife, and the other party is not allowed to participate in the distribution.
Legal basis: Article 209 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 premarital 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.
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Legal analysis: The following property acquired by the husband and wife during the existence of the marriage relationship is the joint property of the husband and wife and is jointly owned by the husband and wife.
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 marital 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) income from intellectual property rights;
4) Inherited or donated property, except as provided for in paragraph 3 of Article 13 of Article 106 of this Law;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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) The special use of one side of the mountain travel products;
(5) Other property that shall belong to one party.
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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Marital property refers to all kinds of property acquired by either spouse during the existence of the marital relationship. Marital property is not exactly the same as marital property. Judicial Interpretation (3) of the New Marriage Law stipulates that the house purchased by one parent for his or her child is the personal property of the child and is not the joint property of the husband and wife.
The determination of whether the marital property is the joint property of the husband and wife depends on the agreement between the husband and wife and the provisions of the law, as follows:
If the marital property agreement clearly stipulates how the income of the husband and wife shall be distributed after marriage, then the property acquired after marriage shall be distributed in accordance with the agreement;
If there is no post-nuptial property agreement or the agreement is invalid, the provisions of the Marriage Law must be followed.
1. If the property acquired after marriage is the joint property of the husband and wife, it shall be provided for in Article 17 of the Marriage Law, including:
salaries, bonuses;
income from production and operation;
proceeds from intellectual property rights;
property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
Other property that should be jointly owned.
2. If the property acquired after marriage belongs to the property of one of the husband and wife, it shall be stipulated in Article 18 of the Marriage Law, including:
Medical expenses, living allowances for the disabled, and other expenses received by one party due to bodily injury;
Property that is determined in a will or gift contract to belong to only one of the husband or wife;
daily necessities for one party;
Other property that should belong to one party.
First, Article 17 of the Marriage Law stipulates that the following property acquired by husband and wife during the existence of the marriage relationship shall be the joint property of the husband and wife
1) Wages and bonuses.
2) Income from production and operation.
3) income from intellectual property rights;
4) Property obtained by inheritance or gift, except for property that is determined in the will or gift contract to belong to only one of the husband or wife.
Second, Article 11 of Interpretation 2 of the Marriage Law stipulates that the following property during the existence of the marriage relationship shall be the joint property of the husband and wife.
1) Income obtained by one party from the investment of personal property.
2) Housing subsidies and housing provident funds that both men and women actually obtain or should obtain;
3) Pension insurance funds and bankruptcy resettlement compensation that both men and women have actually obtained or should have obtained.
Third, Article 22 of Interpretation 2 of the Marriage Law;
1) Before the parties get married, the parents contributed to the purchase of a house for both parties, and it is clearly stated that the gift to both parties is the joint property of the husband and wife.
2) After the parties get married, if the parents contribute to the purchase of a house for both parties, it is the joint property of the husband and wife.
Fourth: Interpretation 3 and Article 5 of the Marriage Law stipulate that the income generated by the personal property of one of the husband and wife after marriage shall belong to the joint property of the husband and wife, except for the fruits and self-recognition of appreciation.
Fifth: Paragraph 2 of Article 7 of Interpretation 3 of the Marriage Law stipulates that the property rights of immovable property purchased by both parents shall be registered in the name of one of the children.
There are two types of house ownership certificates: 1. If it is a certificate before 2008, the house ownership certificate number is on the first page. 2. If it is a certificate after 2008, the house ownership certificate number is on the second page.
Hello, please pay attention to the details.
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The father buys a house for the child, and the father is the funder who can ask to add the father's name on the real estate certificate, which is also reasonable, which will cause some trouble if there is a transfer problem in the later house, and if the father has other children, the house will also be divided to other children as part of the father's inheritance when the old man dies, which will cause some disputes. As long as the father contributes money, it is possible to ask both names to be written.
Writing about a villa or house does not depend on your room type. Mainly based on house structures (brick concrete, frame, rigid concrete, shear wall, frame shear......and the floor area to decide which one belongs to.
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