On the question of the house, does buying a house after marriage belong to the joint property of the

Buying a house after marriage does not necessarily belong to the joint property of the husband and wife.

Precautions for buying a house after marriage:

1. Both parties are present in person.

In the process of buying a house, there are many signing processes involved, such as signing the sales contract, applying for a mortgage, and transferring the transaction, which requires the presence of both husband and wife at the same time. In addition, when going through the transfer procedures, in principle, it is required to be present at the same time, because according to the provisions of the Property Law, whether the property purchased jointly by the husband and wife is jointly owned or jointly owned by shares, needs to be reflected in the sales contract, and then stated on the real estate certificate, so both parties need to be present to sign and confirm. However, if you are unable to be present, you must also go through the procedures for notarization and collection of entrustment, and explain the relevant matters clearly.

2. Document preparation is the key.

When the husband and wife apply for a mortgage together, they need to provide proof of income of both husband and wife, and if they are non-local residents, they also need to provide proof of continuous local tax payment or social insurance payment (the specific number of years is subject to local policy), otherwise it will be treated as a non-local resident loan policy.

3. The main loan and the subprime loan are particular.

When the husband and wife repay the loan jointly, when determining the main lender and the secondary lender, it must be determined according to the actual situation. In general, in a bank housing loan contract, only one party is regarded as the "lender" (often referred to as the main lender), and the other party can be the "co-lender" regardless of whether the names of both parties are written on the title deed. When determining the main lender, you should choose the one with a higher and more stable income between the husband and wife, and pay attention to the age limit, otherwise the loan term will be affected.

4. The share is determined in advance.

According to the Marriage Law, "the property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife, unless otherwise agreed by the parties." "Therefore, in the process of buying a house together, even if the name of the other party does not appear on the title deed, it does not affect their ownership of the house.

A house purchased after marriage is considered as the joint property of the husband and wife. However, since the purchase contract is written in the name of one person, the name of one person can only be written on the title deed. After the real estate certificate is issued, add your name, that is, issue another real estate certificate, and change the separate ownership to joint ownership.

Legal analysis: The property acquired before marriage belongs to the individual, and the property acquired during the marriage generally belongs to the joint property of the husband and wife. However, for a house purchased by one party through a mortgage before marriage and obtained the property ownership certificate after the marriage, it is not possible to mechanically determine whether it is the joint property of the husband and wife based on the time when the property ownership certificate is obtained.

Because the money for buying a house is the personal property of one party before marriage, and the developer has paid all the purchase price, and all the claims confirmed by the purchase contract to the buyer have been obtained before the marriage, obtaining the real estate certificate after marriage is only a natural transformation of property rights. Therefore, as long as the sale of the house occurred before the marriage, and the sales contract has been actually performed, and the house is registered in the personal name of the buyer, it should be treated as personal property before the marriage. For the part of the joint loan repayment and the appreciation of the house after marriage, the owner of the house shall compensate the other party accordingly in combination with the amount of joint loan repayment and the corresponding increase in the value of the house.

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 is the joint property of the husband and wife and is 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 1063: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.

Is the property purchased by one of the spouses after the marriage part of the marital property: After the marriage, both parties buy a house and register the names of both parties, and the property belongs to the joint property of the husband and wife. After marriage, one party buys a house with pre-marital property and registers the names of both parties, which is regarded as a gift, and the property belongs to the joint property of the husband and wife.

Legal basis] Article 6 of the Interpretation (III) of the Marriage Law stipulates that if the parties agree to donate the real estate owned by one party to the other party before marriage or during the existence of the marital relationship, and the donor party revokes the gift before the registration of the change of the donated real estate, and the other party requests an order to continue performance, the people's court may handle it in accordance with the provisions of Article 186 of the Heheng Lao Tong Law.

The purchase of a house after marriage is the joint property of the husband and wife, unless there is an agreement that it belongs to the individual. The law stipulates that the spouses 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. Therefore, the parties can agree on the ownership of the property, and if there is no agreement, the court will make a judgment.

The specific ownership of the property should also be determined according to the actual situation.

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 is 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 should be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1063: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 caused by a simulated search;

(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.

Buying a house after marriage does not necessarily belong to the joint property of the husband and wife. The precautions for buying a house after marriage are as follows:

1. Both parties are present in person.

2. Document preparation is the key, when the husband and wife apply for a mortgage together, they need to provide proof of income of the husband and wife;

3. The main loan and the subprime loan are particular.

4. The share is determined in advance. The determination of whether it is the joint property of the husband and wife mainly depends on the following aspects:

1. Looking at the time of acquisition of property, if it is property acquired after marriage, it generally belongs to the joint property of husband and wife;

2. See if there is a special agreement between the two parties, if there is an agreement on what property belongs to the joint property of the husband and wife, and what property belongs to the property of a unilateral split person, it will be handled in accordance with the agreement.

Civil Code of the People's Republic of China

Article 1062.

The following property acquired by the husband and wife during the 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 the right to dispose of the joint property of Pei Tsai equally.

Legal analysis: If the husband and wife do not have a clear agreement on the purchase of a house during the marriage of the husband and wife, even if only one person's name is written on the real estate certificate, it is generally the joint property of the husband and wife. After receiving the marriage certificate, the marriage song hall has legal significance.

Legal basis: Article 1062 of the Civil Code 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) wages, bonuses and other remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except where filial piety is awarded as provided for in item 3 of Article 1063 of this Law; (5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Whether buying a house after marriage is a joint property sale of husband and wife should be analyzed according to the following circumstances. 1. If the house purchased during the marriage of the husband and wife is not expressly agreed by the husband and wife, and only the name of one of the Shitan 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 under 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.

2. Where it is not joint property, if the immovable property purchased for the child by one of the parents after marriage is registered in the name of the investor's child, it shall be deemed to be a gift to only one of the children, and the immovable property shall be recognized as the personal property of one of the spouses.

Summary. Hello The house bought after marriage belongs to the joint property of the husband and wife, and the house purchased by the husband and wife jointly after marriage belongs to the joint property of the husband and wife, unless otherwise agreed by the husband and wife. According to the provisions, a man and a woman may agree that property acquired during marriage and property acquired before marriage shall be owned separately or jointly or partly separately and partly jointly.

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.

The title deed is in a person's name.

Hello Buying a house after marriage is a blind old man who belongs to the joint property of the husband and wife, and the house that the husband and wife jointly fund to buy after marriage belongs to the joint property of the husband and wife, unless otherwise agreed by the husband and wife. According to the provisions, the man and the woman may agree that the property acquired during the marriage and the property of the pre-marital mill shall be owned separately or jointly or partly separately and partly jointly. 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.

Legal basis: Article 1062 of the Civil Code The following property acquired by a husband and wife during the period of 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) work pants such as 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 1063 of this Law; (5) Other property that shall be jointly owned.

It is convenient to ask who finances the house.

Bought together. In this case, the law stipulates that the property acquired by the husband and wife during the existence of the marital relationship, if there is no agreement, is the joint property of the husband and wife. If the husband and wife expressly agree that the house to be purchased after marriage belongs to one of the parties and is agreed in the form of a book, then the house is personal property.

In this case, even if the name is not written on the title deed, it is still joint property.

It's a person's name on the real estate deed. I didn't do anything notarized, do I need to do anything?

In this case, it is possible to add your name to the title deed to avoid unnecessary trouble.

In this case, there is no need to do notarization, as long as it is purchased together after marriage, it is the joint property of the husband and wife, so there is no need to worry about this.

Without adding a name, what needs to be done no.

It is enough to keep the evidence of the capital contribution at that time, because if there is evidence of capital contribution, it will be recognized as joint property.

The house purchased after marriage is based on the date on the title deed, and if the name of both husband and wife or the name of one of the spouses is registered on the title deed, it is the joint property of the husband and wife. As long as the real estate deed is not in the names of both husband and wife, such as the names of both parents, it belongs to the property of the parents, not the joint property of the husband and wife.

Not necessarily. If there is an agreement on the ownership of the property at the time of marriage, then the agreement shall prevail. If there is no agreement, then for this class:

If the property is purchased with the personal property of one party before marriage, registered in the name of one party, and the loan is repaid jointly by both parties after marriage, the court will generally determine that the ownership of the property belongs to the registered right holder, and the right holder shall compensate the other party accordingly. In addition, even if the mortgage has not been paid off after the divorce, the part of the mortgage is only the personal debt of the registered party.

Legal basis: 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.

The property bought after marriage is the joint property of the husband and wife, and the property after marriage is generally joint property.