The boyfriend bought the house before getting the certificate, but the real estate deed has the name

Updated on society 2024-03-26
14 answers
  1. Anonymous users2024-02-07

    Absolutely! Now the law says that pre-marital property is personal property, and even if you get married, it is personal property! If the house payment has been paid, the name of the house written before the marriage is whose personal property, and if it is repaid together in the future, the house will also include the share of two people, but it is better to add a name.

    It seems more convenient to add the name after getting the marriage certificate, because the procedure for adding the name of the spouse is relatively simple. In addition, the law of agreeing on premarital property can also be adopted, because the marriage law stipulates that husband and wife can agree on the ownership of premarital property, and after marriage, they can go to the housing price transaction registration department together to agree that the house is jointly owned by the husband and wife. Whether it is a direct change or an agreement between spouses, it will not be very troublesome, and it will be good to bring your ID card, marriage certificate, real estate certificate, household registration book, and land certificate to the relevant departments, and the cost is not high.

  2. Anonymous users2024-02-06

    After marriage, you can add the other party's name to the real estate certificate, and the real estate certificate plus the other party's name means that half or part of the property is donated to the other party, that is to say, the house has part of the other party's real estate rights.

  3. Anonymous users2024-02-05

    Is it okay to add my name to the title deed after marriage? Yes, certain conditions apply.

  4. Anonymous users2024-02-04

    After you get married, if you want to add the other party's name to the real estate certificate, you can, but you need both parties to reach a consensus, and you need the other party's consent to do so, if the other party does not agree, there is no way to add it.

  5. Anonymous users2024-02-03

    Adding the other party's name is a personal private matter, whether before or after receiving the certificate, it is necessary to consider clearly, adding the name means that the property rights are shared.

  6. Anonymous users2024-02-02

    After receiving a marriage certificate. The name of the other party can be added to the title deed. Because if you get a marriage certificate, you are a legal husband and wife. So, you can fill in the other person's name.

  7. Anonymous users2024-02-01

    It's completely possible, just go to the real estate bureau and add the name, and you can also add another person's name.

  8. Anonymous users2024-01-31

    Yes, the title deed can be added to the wife's name.

    There are three main types of cases in which the name and processing fee are added to the real estate certificate:

    The first case: there is a house but no loan.

    The process is:

    1. Bring the original and photocopies of the three certificates (marriage certificate, ID card, real estate certificate).

    2. Go to the real estate trading center in the area where the house is located, first inform at the pre-inspection window that you are here to handle the real estate certificate to add the name of your spouse, and the window staff will review the materials submitted, and if the materials are complete, you will be given a number, and then go to the relevant window with the number.

    3. The cost of adding the name to the real estate certificate: 110 yuan handling fee, the details are as follows: 80 yuan production cost, 25 yuan cadastral map fee, 5 yuan sticker cost, if it goes smoothly 20 days later, you can get a new real estate certificate.

    4. You can set a password for the new real estate certificate, and the real estate transaction center will inform you of an initial password, and then you can change it yourself.

    The second situation: there is a house and a loan.

    The process is:

    1. Go to the bank first to go through the mortgage change procedures (please consult the bank for details).

    2. The cost of adding the name to the real estate certificate: in addition to the above 110 yuan handling fee, if the loan is a pure provident fund, an additional 100 yuan needs to be paid; If the loan is in the form of a combination (provident fund + commercial loan), you need to pay an additional 200 yuan.

    3. Other steps are the same as "having a house without a loan".

    The third situation: If you are not married or have no direct blood relationship, you need to add your name to the real estate certificate, and the situation will be much more complicated, because it will be regarded as a house sale, and you need to pay the following fees.

    1. Transaction fee per square meter.

    2. For less than 5 years, the business tax plus 1% tax adjustment (the time period from the date of issuance of the property certificate to the transaction date has not ended), and it is not required for 5 years.

    3. Stamp duty of 5/10,000.

    This contract is about 5 yuan per book (different from each district trading center).

    5. The man transfers 50%, and all taxes are calculated according to the market**, if the tax value of the house is 1 million, it is 500,000.

    6. If there are several people on the property certificate who transfer, the rights and interests of the property certificate shall be divided equally.

    A certificate that the buyer of the real estate certificate obtains the legal ownership of the house through the transaction and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law. That is, the "Housing Ownership Certificate" is a legal certificate for the state to protect the ownership of the house in accordance with the law. Homeowner credentials to manage and use their own home.

  9. Anonymous users2024-01-30

    Legal analysis: The property acquired before marriage is personal property, and the property acquired after marriage is the joint property of the husband and wife, and the joint property of the husband and wife will be divided into half of the other party in case of divorce, even if the other party did not spend a penny on the house at the beginning. Therefore, when buying a house before marriage, whoever has a name written on the house belongs to whom.

    If the husband buys a house before marriage, it should belong to the man's pre-marital property, so in case of divorce, the house should belong to the man, unless the house is notarized as the joint property of the husband and wife; If the man pays for the purchase of a house after marriage, when applying for the real estate certificate, according to the new regulations, if both husband and wife are present and the woman is present to sign, then the husband and wife should share the property.

    Legal basis: Civil Code of the People's Republic of China

    Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

    Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

    Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

    Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

    Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

    Article 1051 Marriage shall be null and void under any of the following circumstances:

    a) bigamy; 2) Have a family relationship that prohibits marriage;

    3) They have not reached the legal age for marriage.

  10. Anonymous users2024-01-29

    Buying a house after marriage is joint property with only one party's name written. The property acquired during the marriage relationship is the joint property of the husband and wife, and unless otherwise agreed, the state relatives shall be jointly owned by the husband and wife. 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 1063 of this Law; (5) Other property that shall be jointly owned.

    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 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.

  11. Anonymous users2024-01-28

    Legal analysis: The names of two people can be written on the pre-marital purchase contract, which is a joint relationship. In addition, even ordinary friends and two or more people in any relationship can become co-owners on the property deed.

    At the same time, the source system of the common party is divided into co-ownership and co-ownership. When applying for a real estate certificate, it is possible to agree on joint ownership by shares, or joint ownership. It is also possible to apply for a loan in the name of two people.

    Legal basis: "Civil Law of the People's Republic of China" Article 1065 A man and a woman 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 not clear, the provisions of articles 1062 and 1063 of this Law apply.

  12. Anonymous users2024-01-27

    Legal analysis: Buying a house after marriage and only writing the name of one party is also considered the joint property of the husband and wife.

    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 is the joint property of the husband and wife and shall be jointly owned by the husband and wife

    1) Remuneration for wages, bonuses and other labor services;

    (2) Income from production, operation and investment; Vertical imitation.

    (3) the proceeds of intellectual property rights;

    4) Inherited or donated property, except as provided for in item 3 of Article 1063 of the Old Law;

    5) Other property that shall be jointly owned by Yu Fian.

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

  13. Anonymous users2024-01-26

    Legal Instructions for Analysis:

    Buying a house after marriage and only writing the name of one party is also considered joint property of the husband and wife.

    Legal basis: Civil Code of the People's Republic of China Article 1006 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) Remuneration for wages, bonuses and other 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.

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

  14. Anonymous users2024-01-25

    According to the provisions of the Marriage Law of the People's Republic of China, the personal property of one of the spouses includes: the pre-marital property of one party, the special daily necessities, the medical expenses obtained due to bodily injury, and the basic property that is determined in the will or gift contract to belong to only the husband or wife. The property purchased by one party before marriage belongs to Tongxi's pre-marital property, which is personal property, not the joint property of the husband and wife, and the spouse has no right to request division in the event of divorce.

    However, if the spouse who owns the property voluntarily divides it to his or her spouse, he or she may decide the proportion. In addition, if the other party is in financial difficulties at the time of divorce, the party who owns the property should give him or her appropriate assistance from personal property such as real estate, and the specific amount to be given can be negotiated by the parties themselves. However, if the property purchased before the marriage is added to the name of the spouse on the title deed after the marriage, the property is the joint property of the husband and wife and shall be divided in the event of divorce.

    Marriage Law of the People's Republic of China

    Article 18 Property of one of the spouses.

    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 42 Appropriate assistance.

    In the event of a divorce, if one party is in financial difficulty, the other party shall provide appropriate assistance from his or her personal property, such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

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