The new Marriage Law explains the ownership of real estate, and the provisions of the Marriage Law o

Article 10 of Interpretation 3 of the Marriage Law stipulates that if 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 loan from the bank, 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 party whose property rights are registered, and that the loans that have not yet been repaid are the personal debts of the party whose property rights are registered. In the case of divorce, the party registered in the property right shall compensate the other party for the joint repayment of the loan and the corresponding increase in property value between the parties after marriage.

Article 7 of Interpretation 3 of the Marriage Law stipulates that if the immovable property purchased by one of the parents for the children after marriage is registered in the name of the funder's children, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the husband and wife.

Where the immovable property purchased by both parents is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with the respective parents' share of the capital contribution, unless otherwise agreed by the parties.

Article 19 of the Judicial Interpretation (II) of the Marriage Law stipulates that a house rented by one party before marriage and purchased with joint property after marriage shall be deemed to be the joint property of the husband and wife if the house ownership certificate is registered in the name of one party.

Article 12 of Interpretation 3 of the Marriage Law stipulates that if both parties use the joint property of the husband and wife to purchase a house in the name of one of the parents to participate in the housing reform, and the property right is registered in the name of one of the parents, and the other party claims to divide the house according to the joint property of the husband and wife at the time of divorce, the people's court shall not support it.

Hello, is the house purchased before or after marriage? If purchased before the marriage, the house is your personal property. If purchased after marriage, the house is joint property. You definitely have a share.

The money you earn after marriage is community property.

Part of the property that is repaid after the marriage is shared.

There is no problem with this article of the judicial interpretation, "the court may rule that the immovable property belongs to the party whose property rights are registered", which preserves the ownership of the house of the party who purchased the house before the marriage and made a down payment. How do you say that the name on the real estate certificate is "not counted"?

The other provisions of the article are compensation to be given to the other party who participates in the repayment of the loan after marriage, which is also right. You can't cross the river and tear down the bridge and not recognize people!

According to the provisions, if a house is rented by one party before marriage and purchased with joint property after marriage, and the house ownership certificate is registered in the name of Yichun Hefang, it shall be recognized as the joint property of the husband and wife. When the parties cannot reach an agreement on the value and ownership of the house in the joint property of the husband and wife, the people's court shall handle it separately according to the following circumstances:

1) If both parties claim the ownership of the house and agree to obtain it through bidding, it shall be permitted.

2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party that obtains the ownership of the house shall give the other party corresponding compensation.

3) If neither party claims ownership of the house, the house is auctioned according to the application of the parties, and the proceeds are divided and the proceeds are divided, and if the parties have a dispute over the house that has not yet obtained ownership or full ownership at the time of divorce and the negotiation fails, the people's court should not make a judgment on the ownership of the house, and shall make a judgment on the use of the house by the parties according to the actual situation. After the parties have fully obtained the ownership of the house in accordance with the regulations, if there is a dispute, they may separately file a lawsuit with the people's court. If, before the parties get married, the parents contributed to the purchase of a house for both parties, the contribution shall be deemed to be a personal gift to their children, unless the parents expressly express the gift to both parties.

Pre-marital property refers to property acquired by one of the spouses before the marriage. The pre-marital property of one of the spouses, whether movable or immovable, tangible or non-contemporary, is protected by law as long as it is lawfully acquired. The key to determining whether it is a pre-marital property is that the property was acquired before the marriage.

If the property was acquired before the marriage, even if the property was actually in possession after the marriage, the property is also personal property before the marriage. For example, if one of the spouses accepts the inheritance before the marriage, and the estate is divided after the marriage, although the inheritance is actually obtained after the marriage, its ownership has been acquired before the marriage, so it should be recognized as the property of one party before the marriage. In addition, the pre-marital property of one of the spouses is not converted into joint property by virtue of the continuation of the marital relationship.

Legal basis

Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

If one of the spouses 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 the immovable property is registered in the name of the party paying the down payment after marriage, the immovable property may be recognized as the personal property of the owner of the immovable property at the time of divorce, and the part of the loan that has not yet been repaid shall be the personal debts of the person with the right to immovable property. Where before marriage or during the existence of the marital relationship, the two parties agree to donate the real estate owned by one party to the other party, and one party revokes the gift before the transfer of the right to donate the real estate, and the other party requests an order to continue performance, the people's court will not support it, except where notarization has already been completed. If the immovable property purchased by one of the parents after marriage is registered in the name of the investor's child, it may be regarded as a gift to one of the children, and the immovable property shall be deemed to be the personal property of one of the spouses.

Where the property rights of immovable property purchased by both parents are registered in the name of one party, it may be determined that the immovable property is jointly owned by both parents in accordance with their share of capital contribution, unless there is evidence to prove that it was donated to one party.

Civil Code of the People's Republic of China

Article 1087.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement;

If the agreement is not reached, the people's court shall make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman and the innocent party according to the specific circumstances of the property. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Civil Code of the People's Republic of China

Article 1088.

If one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties;

If the agreement is not reached, the people's court shall make a judgment.

The issue of ownership of the house is dealt with as follows: the house purchased by the husband and wife jointly after marriage is the joint property of the husband and wife and is jointly owned by the husband and wife; The house that one party buys before the marriage and the house that he or she buys alone after the marriage is the personal property of one party and is owned by one of the parties.

Legal basisArticle 1062 of the Civil Code of the People's Republic of China.

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) income from 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.

Article 1063.

The following property is 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 to belong to only one party in the will or gift contract;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.